November 20, 2009
Personal Injury Roundup No. 58 (11/20/09)
I hope your last week before Thanksgiving was a good one!
Reform, Legislation, Policy
- Tim Lytton's guest post attracts attention. (Frank/Point of Law) (Lahav/Mass Tort Profs)
- Law Profs Max Mehlman & Dale Nance (Case Western) argue med mal tort reform reduces important safety incentives. (Cleveland Plain Dealer via Injury Board.com)
- CA: Group pushes for $1 tobacco tax increase to fund cancer research (LegalNewsline)
- All-asbestos roundup at Point of Law. (Twu/Point of Law)
- TX: State AG urges Texas Supreme Court to uphold constitutionality of statute of repose. (LegalNewsline)
New Lawsuits
- Courtney Love sued for libel by tweet. (CNN)
- ID: Man tased in buttocks sues City of Boise. (IdahoStateman.com)
- NE: State med mal damages cap challenged as unconstitutional. (North Platte Bulletin)
Trials, Settlements and Other Ends
- SC: Med mal suit settled prior to rare med mal punies determination by jury. (AboutLawsuits.com)
Appeals
- NY: Med Mal pain-and-suffering verdict reduced by over $1M without explanation (New York Injury Cases Blog)
- IL: No experts needed in NIED cases (Via Bernabe)
Damages
- PA: Harrisburg mayor-elect alleges in a civil suit that faulty gas pump sprayed her with gas, ruining her clothes and leaving her unable to pump her own gas. (PennLive.com via Olson/Overlawyered)
Miscellaneous
- Med Mal on SNL (Via The Pop Tort)
- NY: CT fertility doctor loses NY license after inseminating a patient with the wrong sperm. (New York Injury News.com)
- Eric Turkewitz guest blogs at Kevin, M.D. (Via New York Personal Injury Law Blog)
--CJR
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November 06, 2009
Personal Injury Roundup No. 57 (11/6/09)
Reform, Legislation, Policy
- San Franciso City Attorney does FDA's job? Kellogg's withdraws "immunity banner" from sugary cereals following letter demand from City Attorney. (TortsProf, The Atlantic).
- Senators Graham and Chambliss propose "loser pays" rule. (Torts Prof, Atlanta Journal Constitution, Pop Tort)
- Health care reform bills include sunshine provisions regarding relationships between doctors and drug companies. (NY Times)
- FDA issues draft guidance on what constitutes a tobacco product "ingredient." (FDA Law Blog)
New Lawsuits
- Robber can sue store he robbed for injuries sustained in robbery. (CBS Crimesider, MSNBC/AP)
- Family of Connecticut woman injured by neighbor's chimp seek permission to sue state. (BBC)
- Parents of deceased college sophomore sue for Clark Atlanta University for lack of security. (Atlanta Journal Constitution)
- Family of Texas student files suit against fraternity for hazing that allegedly caused son's death. (Fox Houston)
- Chicago deli sued over turkey sandwich. (Jonathan Turley)
Trials, Settlements and Other Ends
- Radio station liable in "Hold your Wee for a Wii" contest. (Injured)
- Jury awards $2.5 million in Baltimore lead paint case. (Bernabe)
Appeals
- IL Supreme Court on subsequent remedial measures. (TortsProf)
- Texas Supreme Court on damages in legal malpractices actions. (Day on Torts)
- Florida appellate court reverses accutane verdict for lack of causation evidence. (Mass Tort Defense)
Damages
- A win and a loss for Pfizer on Preempro punitive damages. (Cal Punitive Damages)
- Oregon Supreme Court hears oral argument in tobacco punitive damages case. (Cal Punitive Damages)
Miscellaneous
- Texting while driving - NY Times interactive game shows how your reaction times slow.
--SBS
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October 23, 2009
Personal Injury Roundup No. 55 (10/23/09)
Happy Fall to all our readers. . . here's what happened this lovely fall week in the world of torts.Reform, Legislation, Policy
- FDA issues a "letter to industry" that the agency will take enforcement action aginst false or misleading package information (such as implied nutrient claims). (Food Law Prof, FDA Law Blog, ABC News, WaPo)
- Committee action on OSHA nominee postponed. (Point of Law)
- GAO finds FDA slow in banning researchers convicted of fraud. (NY Times, Pharmalot)
- Bi-partisan support for bill that would give FDA new powers over food supply. (LA Times)
- Senators introduce Dairy Country of Origin Labeling Act. (Supermarket News)
New Lawsuits
- MDL created for Zicam lawsuits. (Mass Tort Defense)
- 200 patients sue Cedar Sinai over excessive radiation exposure. (Daily Breeze, About Lawsuits)
Trials, Settlements and Other Ends
- California federal district court dimisses putative consumer fraud class action concerning defective Sears washing machines. (Mass Tort Defense)
- Jury awards $105 million to NYC in Exxon MTBE case. (Point of Law, About Lawsuits)
- Defamation suit against alleged Autoadmit harassers settles. (Brian Leiter, ABA Journal)
- Defamation suit against Target settles. (Turkewitz)
Appeals
- Alabama Supreme Court reverses multi-million dollar fraud judgment against drug companies. (TortsProf)
- Massachusetts Supreme Court recognizes medical monitoring cuase of action. (TortsProf, Drug & Device, Point of Law)
- Maryland Court of Appeals bars expert testimony in med-mal case because expert spent more than 20% of his time just testifying. (Bernabe)
- Fifth Circuit allows suit by Katrina victims alleging the defendant oil and coal companies created greenhouse gasses, which caused global warming, which then caused a rise in sea levels, adding to Hurricane Katrina’s ferocity. (WSJ Law Blog, Russell Jackson, ABA Journal)
Miscellaneous
- First ever contest at Consumer Class Actions and Mass Torts Blog - there's even a prize.
--SBS
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October 02, 2009
Personal Injury Roundup No. 52 (10/02/09)
I know we've celebrated one year of having the Roundup already, but we've missed a few weeks. This 52nd Roundup represents a full year of actual posts.
Reform, Legislation, Policy
- Philip Howard on (lack of) med mal reform (WSJ via Olson/Point of Law)
- AAJ opposes med mal reform; membership (and dues therefrom) have dropped (ABA Journal)
- The Chinese Drywall Mess (The Pop Tort)
- Eric Turkewitz's brother, Dr. Turkewitz (!), on defensive medicine. (New York Personal Injury Law Blog)
- Lawyers file challenge to Indiana's med mal cap. (Indianapolis Star, via Olson/Point of Law)
New Lawsuits
- "Hold your Wee for a Wii" trial begins (TortsProf)
- Family of Americans killed in Air France crash sue (AP)
Appeals
- TN: According to John Day, the TN Supreme Court has ruled that "a plaintiff who lost a medical malpractice case in federal court was not estopped from pursing a case against a State-employed doctor even though the federal court jury assigned no fault to the doctor, a non-party in the federal court action." (Day on Torts)
Damages
Miscellaneous --CJR
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September 25, 2009
Personal Injury Roundup No. 51 (9/25/09)
Here's what happened during the first week of fall in the world of torts:
Reform, Legislation, Policy
- Senate Finance Committee marked-up its health care reform bill. (FDA Law Blog)
- Congressional Research Service issues report on health care reform. (Open CRS)
- "Should Liability Damages Caps Be A Part of Health Reform?" (TortsProf)
New Lawsuits
- Coyote Ugly Saloon patron slips while dancing on top of bar and sues. (Day on Torts)
- Eric Dane (McSteamy to Gray's Anatomy fans) sued Gawker.com for maliciously posting a video of Dane and two female friends in the buff. (E! Online)
Trials, Settlements and Other Ends
- Court approved Bluetooth settlement class. (Center for Class Action Fairness)
- Bayer moves to dismiss master complaint in federal combination aspirin MDL. (Mass Tort Defense)
- Facebook settles a class action suit related to its Beacon service, which displayed actions that users took on other Web sites back on their Facebook page. (Concurring Opinions, American Lawyer/law.com)
Appeals
- United States Court of Appeals for the Second Circuit allows suit against six power companies on the grounds that their greenhouse gas emissions constituted a public nuisance. (Warming Law, Warming Law Part I and Warming Law Part II, Point of Law, NY Law Journal/law.com)
- Interlocutory appeal to the United States Court of Appeals for the Third Circuit will address viability of medical monitoring claim under Delaware law. (Mass Torts Defense)
- Georgia Court of Appeals addresses whether there’s a common-law duty to recall a product that's being legally sold. (Drug & Device)
- New York appellate court affirms dismissal of foul ball case. (Hochfelder)
Damages
- South Carolina Supreme Court uses potential harm to uphold punitive damages award 67 times larger than actual damages. (Cal Punitive Damages)
- California jury awards $49 million in compensatory damages in car accident case. (The Recorder/law.com)
Miscellaneous
- SBS
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September 18, 2009
No Roundup Today
The Roundup will return next Friday, September 25th.
- SBS
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September 11, 2009
Personal Injury Roundup No. 50 (9/11/09)
My kids finally started school this week, so -- after three weeks teaching -- it finally actually feels like fall here.
Reform, Legislation, Policy
- The "uneasy case" for products liability (SSRN)
- Obama's speech makes limited reform suggestions (Washington Post, Overlawyered has more and links)
- Point of Law has a roundup of objections to the nomination of David Michaels to head OSHA (Point of Law). (As an aside, I'm not sure that Michaels, or his organization, are categorically opposed to Daubert, at least conceptually.)
New Lawsuits
- Wrongful death suit blames death on casino CEO's "hedonistic" lifestyle (On Point Legal News)
- Possible problems with a wrongful death suit based on Michael Jackson's death, from noted legal analyst TMZ.com (TMZ)
- New (Canadian) lawsuit based on injuries at a rap show (The Boom Box)
- Roethlisberge's accuser says she'll drop the suit if he admits guilt; he refuses (Newsday)
Trials, Settlements and Other Ends
- Not an end, but a timeout for the jury in first Fosamax trial (CNN)
- Lawyers allege that Toyota hid evidence, suits should be reopened (SE Texas Record)
Damages
- $13.8 million in punitive damages for smoker's daughter (AP)
Miscellaneous
--BC
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August 28, 2009
Personal Injury Roundup No. 48 (8/28/09)
We just finished our first full week of classes here at Charleston. Here's what happened this week in torts:
Reform, Legislation, Policy
- Health reform debate continues to percolate. (WaPo, AP, ABC News Political Punch)
- Representative Henry Waxman (D-CA) takes on Medicare Part D drug program. (NYT)
- As required by statute, FDA creates the Tobacco Products Scientific Advisory Committee and is requesting nominations for members. (FDA Law Blog)
Experts
- Federal judge grants Daubert motion and excludes plaintiff's expert in Bausch & Lomb ReNu MDL. (Drug & Device)
- Another federal judge excludes the plaintiff's causation expert in Viagra MDL. (Mass Tort Defense, Mass Tort Profs)
New Lawsuits
- A coach and an aide have filed separate lawsuits over the collapse of the Dallas Cowboys training facility back in May. (AP, Dallas Morning News)
- Unmasked blogger plans to sue Google for complying with a court order to reveal her identity in the "Skanks in NYC" defamation suit. (CNN, ABA Journal, Concurring Op)
- Two Pennsylvania women sue over pitt bull attacks. (Sun News)
- Yaz blood-clot lawsuit filed in Illinois. (About Lawsuits)
- Mother-in-law sues comedienne for defamation based on daughter-in-law's jokes, and keeping it all in the family, the lawyer/husband/son is representing his comedienne wife. (WSJ Law Blog, ABA Journal)
Trials, Settlements and Other Ends
- Beck & Herrmann collect Zyprexa andAredia-Zometa summary judgment rulings. (Drug & Device)
- Federal judge dismisses Trasyol class action. (Mass Tort Defense)
- $1.3M verdict in Maryland med-mal case. (About Lawsuits)
Appeals
- Pennsylvania appellate court rejects assumption-of-the-risk defense for golfer struck by ball. (Point of Law)
Damages
- LA jury awards $13.8 million punitive damages in tobacco case retrial. (Cal Punitive Damages)
Miscellaneous
- SBS
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August 21, 2009
Personal Injury Roundup No. 47 (8/21/09)
It finally feels like summer in western Massachusetts, and yet here we are finishing up 1L orientation, with classes starting next week! I've got to get to school for the orientation picnic, so it'll be a little briefer than usual...
Reform, Legislation, Policy
- Mandatory reporting of medical errors? (TortsProf)
- Regulation through litigation in the context of chicken houses (Washington Post)
- An overview of assumption of risk in baseball (Point of Law)
- Tort issues as part of health care reform (Daily Dish, Followup, Nevada Appeal, many other places -- a sampling here)
- Indiana teachers now have immunity from suit for some classroom activities (WIBC)
New Lawsuits
- Eric Turkewitz contemplates various suits arising (or potentially arising) from Michael Jackson's death (NY Personal Injury Law Blog)
- Defamation suit filed, and dropped the same day, against "Skanks of New York" blogger (TG Daily)
- New details in suit against Steelers QB Ben Roethlisberger (KDKA)
Trials, Settlements and Other Ends
- Lilly to pay $22.5M to settle West Virginia's marketing claims regarding Zyprexa (CNN)
Damages
- $6M in trial over misdiagnosis of infant's infection (AboutLawsuits)
Miscellaneous
--BC
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August 14, 2009
Personal Injury Roundup No. 46 (8/14/09)
Most of us are gearing up for classes next week. I hope you enjoyed your last week of summer.
Reform, Legislation, Policy
- Richard Epstein on preemption in Forbes (Via Drug and Device Law)
- "Fumbled" health care "handoffs" (The PopTort)
- NY: Gov. Patterson has extended the state's med mal insurance rate freeze (National Underwriter Property & Casualty Insurance News)
New Lawsuits
- WV: An asbestos defendant argues it was forced to follow the directives of the U.S. Navy when it manufactured products for a ship. (LegalNewsline)
- MD: The family of a man who died after transplant surgery at the University of Maryland has sued, alleging a staffer drained out all of the decedent's blood. (AboutLawsuits.com)
- IL: Woman sues ex-boyfriend for posting nude photos of her (ABA Journal)
Trials, Settlements and Other Ends
- MD: Over $1M truck accident verdict in Baltimore (The Maryland Injury Lawyer Blog)
- NM: A blow to assumption of risk in those baseball-into-the-stands hypos (Olson/Overlawyered)
Damages
- NY: Recent elbow fracture pain-and-suffering verdicts in excess of $1M (Hochfelder/New York Injury Cases Blog)
Miscellaneous
--CJR
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August 07, 2009
Personal Injury Roundup No. 45 (8/7/09)
Here's what happened last week in the world of torts:
Reform, Legislation, Policy
- House passes Food Safety Enhancement Act of 2009. (FDA Law Blog, Overlawyered, Mass Tort Defense)
- More on health reform. (NYT, ABC News Political Punch)
- State attorneys general and health advocacy groups call for tougher regulation of caffeinated alcoholic drinks. (WSJ)
- Senate Committee holds hearings on Medical Device Safety Act, which would overturn the Supreme Court's preemption decision in Riegel. (Life Sciences)
New Lawsuits
- Teen passenger in speeding car sues victim of crash. (Overlawyered)
- Chicago doctor sued for performing surgery on the wrong knee. (AboutLawsuits)
- Sarah Palin threatens defamation suit over divorce rumors. (Hollyscoop)
Trials, Settlements and Other Ends
- Northern District of Illinois dismisses proposed baby bottle cooler class action against Platex Products. (Mass Tort Defense)
- Two products liability cases dismissed under Iqbal pleading standard. (American Lawyer/law.com)
- Merck reaches $80 million Vioxx settlement with third-party payor plaintiffs. (AP/law.com, WSJ)
- $1.6M verdict in Florida school bus crash case. (About Lawsuits)
- Pennsylvania state court judge recommends defamation verdict against The Citizens' Voice be vacated and a new trial held. (How Appealing)
- Shoe-manufacturer Crocs settles products liability suits over design of the popular rubber foam clogs. (OnPoint News)
- Merck & Schering-Plough settle Vytorin suits for $41.5 million. (AP/law.com)
Damages
- California Court of Appeals reverses one punitive damages award because plaintiff failed to submit evidence of the defendant's financial condition and reverses a default award because the plaintiff failed to serve a statement requesting a specific amount of punitive damages.
Miscellaneous
- SBS
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July 31, 2009
Personal Injury Roundup No. 44 (7/31/09)
After a longer-than-planned-for absence (the reason noted below), I'm back at the TortsProf blogging. As I announced before, I'll be a bit more irregular than usual, with my new duties as Associate Dean for External Affairs at WNEC, but I will still be around. And while many of our former students just finished taking the bar exam, there's torts news to consider:
Reform, Legislation, Policy
- S. Todd Brown (Buffalo) explores the intersection of bankruptcy and mass tort in a series at Point of Law (Introductory post
- Abraham on private regulation of medicines (Huffington Post)
- A national board on medical safety? (NY Times)
- Dorf on Sen. Specter's proposed response to Iqbal (Dorf on Law, Findlaw)
- Alienation of affection: North Carolina's Number One! (Volokh)
- Sue drug dealers in Tennessee (P.S. Good luck collecting) (Day on Torts)
- Immunity for swine flu vaccine manufacturers (MSNBC)
- Possible legislative responses to direct-to-consumer advertising (NYT)
- Obama is skeptical of malpractice damages, etc., as major factor in health costs (Washington Post)
- Tax breaks for trial lawyers (TaxProf and links)
New Lawsuits
- Defamation in under 140 characters (True/Slant)
Trials, Settlements and Other Ends
- A detailed look, from a defense perspective, at a Daubert loss in Prozac litigation (Drug & Device Law Blog)
- The first Neurontin trial started Monday (WSJ Law Blog)...and ended Wednesday with an anonymous donor funding a trust (WSJ Law Blog) (I note, with interest, that David Egilman, central as an expert in the Zyprexa litigation document leak, is now serving as the family's spokesman); Ron Miller speculates on the identity of the trust funder (Maryland Injury Attorney Blog), as do Beck & Herrmann (Drug & Device Law Blog). I'd put money on someone with a better Neurontin case coming down the road.
- Speaking of Zyprexa (which we kind of were), West Virginia has apparently settled its off-label marketing case with Lilly (Legal News Line)
- No false imprisonment in hospital deportation case (TortsProf)
- Railroad not responsible for goose-caused injuries (Overlawyered and links therein)
- First 9/11 tort suit to go to trial next spring (Newsday)
Damages
- $3.4M in mesothelioma case (About Lawsuits)
- For a lot of interesting NY verdict cases, check out New York Injury Cases Blog.
Appeals
- Liptak on Iqbal (Sidebar)
- Informed consent in Maryland (Maryland Injury Lawyer Blog)
- ...and Wisconsin (Maryland Injury Lawyer Blog)
- $75M med mal verdict reversed (TortsProf & links)
Miscellaneous
I was absent from posting (and most things) for June and most of July due to my father, W. Ves Childs, getting suddenly ill and dying, on June 21, from pancreatic cancer. He is probably the person most responsible for me teaching, and for my interest in the intersection of law and science. You can read the official obituary (which I wrote) at my kids' music site, Spare the Rock, Spoil the Child; there is also one from his graduate chemistry department: Mole Street Journal. Below is the slideshow we put together for his memorial service.
--BC
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July 24, 2009
Personal Injury Roundup No. 43 (7/24/09)
It is the dog days of summer here in sunny South Carolina. I hope you are staying cool. Here's what happened this past week in the world of torts:
Reform, Legislation, Policy
- Saying "sorry" works for Michigan doctors. (KIMA TV (AP))
- Coverage everywhere on health care reform: WaPo, ABC News Political Punch, WSJ, NYT, NYT#2)
- Michigan House Democrats introduced "bad faith denial" bill. (The Pop Tort)
New Lawsuits
- NY state judge reinstates Dan Rather's fraud claim against CBS. (AmLaw Daily)
- Two passengers in May 8th Boston trolley accident filed suit against the MBTA and the trolley driver, who was allegedly texting at the time of the accident. (AboutLawsuits)
- Hepatitis exposure class action filed against McDonald's. (AboutLawsuits, Law and More)
- Steelers QB sued for sexual assault. (TortsProf)
- Warning labels on hot dogs? (ABA Journal, Overlawyered)
Trials, Settlements and Other Ends
- Shermin-Williams's files post-verdict motions in Mississippi lead paint case. (Point of Law)
- Donald Trump loses an invasion of privacy case in NY and a libel suit in NJ. (ABA Journal, NY Law Journal/law.com, WSJ Law Blog)
Damages
- $24M verdict in TN med-mal case. (TortsProf)
Appeals
- Eleventh Circuit reverses contempt ruling against Dickie Scruggs (NMissCommentator, Copy of opinion (pdf))
Miscellaneous
- SBS
July 24, 2009 in Roundup | Permalink | Comments (0) | TrackBack
July 17, 2009
Personal Injury Roundup No. 42 (7/17/09)
It's been a big week in Wisconsin.
Reform, Legislation, Policy
- WI: Bill would expand parties who could bring a med mal death suit to include non-dependent family members (Wisconsin Radio Network)
- Point: John Avlon (Manhattan Institute)--"Sue City": The Big Apple's tort tax dwarfs other cities (Forbes.com)
- Counterpoint: Eric Turkewitz--Debunking another tort reform column (New York Personal Injury Law Blog)
- Counterpoint: Ron Miller (The Maryland Injury Lawyer Blog)
- More coverage at Overlawyered
Trials, Settlement and Other Ends
- TX: Pre-cap med mal verdict: $10M (JusticeNewsFlash.com)
- NY: Bronx jury awards $60M in med mal case (PR Newsline)
- TN: Shelby county jury awards $24M in med mal case (commercialappeal.com)
Appeals
Miscellaneous --CJR
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July 03, 2009
Personal Injury Roundup No. 41 (7/03/09)
Happy Fourth of July!
Reform, Legislation, Policy
- Point: Richard Epstein on Medical Malpractice Reform (Olson/Point of Law)
- Counterpoint: Eric Turkewitz Responds (New York Personal Injury Law Blog) Alberto Bernabe has more here.
Trials, Settlement and Other Ends
- NE: Inmate Kills Girlfriend and Blames Zoloft (Olson/Overlawyered)
Damages
- Wrist Fracture Verdicts and Settlements (Maryland Injury Lawyer Blog)
Appeals
Miscellaneous --CJR
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June 19, 2009
Personal Injury Roundup No. 40 (6/19/09)
I hope you are enjoying the opportunity to focus exclusively on scholarship as much as I am. Without further ado...
Reform, Legislation, Policy
- Obama open to med mal reform, but not damage caps. (ABA Journal)
- States reform med mal for ER docs. (Point of Law) On this issue, AZ bill advances. (AZCapitolTimes) I prefer a different approach.
Trials, Settlement and Other Ends
- In NC: a $500,000 alienation of affections and criminal conversation award. (Overlawyered) Again, I prefer a different approach. (I'm feeling contrary.)
- Jury awards $1.8M in MI med mal death case. (Morning Sun)
Damages
- Will Exxon now pay for the Valdez spill? (The Pop Tort) (See also Legal Newsline.com)
Appeals
Miscellaneous --CJR
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June 05, 2009
Personal Injury Roundup No. 39 (6/05/09)
Happy birthday today to both my Dad (62) and my brother (34). In torts...
Reform, Legislation, Policy
- Ted Frank on the "tort tax" (Overlawyered)
- GM and Chrysler products liability claims (Day on Torts) (The Pop Tort)
New Lawsuits
- Beaumont, TX man files suit alleging surgeon left a needle inside his body that perforated his bladder. (Southeast Texas Record)
- A Girl Scout and her mom filed suit against a prominent San Francisco litigator, alleging that he failed to put his car into park before stepping out of it. The car hit the two of them while they were selling Girl Scout cookies. Both plaintiffs suffered severe leg injuries; the mother's left leg was amputated above the knee. (San Francisco Chronicle)
Trials, Settlements and Other Ends
- Walter Olson reports that the San Francisco Zoo has settled with the brothers injured in a tiger attack on Christmas Day 2007. (Overlawyered)
- Injured longshoreman avoids removal to federal court; receives $5M in damages. (VLW Blog)
- Lackawanna County, PA woman receives $1.88 M in failure-to-diagnose cancer case on behalf of her late husband. (Scranton Times-Tribune)
Damages
- $4M awarded in Maryland cerebral palsy lawsuit (AboutLawsuits.com)
- Finger amputation pain-and-suffering awards range from $85,000 to $2M (Hochfelder/New York Injury Cases Blog)
Appeals
Miscellaneous
Ron Miller on "Personal Injury Verdicts and the Recession"
Thanks to Mark Behrens.
--CJR
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May 29, 2009
Personal Injury Roundup No. 38 (5/29/08)
On this day in 1953, Edmund Hillary conquered Mt. Everest. On to this week's news in the world of torts:
Reform, Legislation, Policy
- FDA proposes new direct-to-consumer advertising guidelines. (Life Sciences Legal Update)
- House bill strengthens FDA's watch over food supply. (WaPo)
- White House launches "President's Food Safety Working Group" website.
- Oklahoma Governor signs tort reform bill; changes take effect Nov. 1st. (TortsProf)
- Louisiana rejects med mal limits on suits against nursing homes. (TortsProf)
- FDA urges tougher acetaminophen warning. (ABC News, US News)
- Senate holds hearing on Chinese dry wall. (Mass Tort Defense)
New Lawsuits
- Connecticut law firm sues Google over sale of firm name as ad-word. (Am Law Daily, CT Law Tribune)
- Photographer sues Chris Brown over alleged assault. (TMZ)
- Three more suits concerning the antibiotic Levaquin filed in New Jersey; cases are being considered for mass tort status. (About Lawsuits)
- Realtors sue CSI writer for defamation. (Turley)
Trials, Settlements and Other Ends
- Florida librarian voluntarily dismissesnegligence suit against Facebook for its alleged failure to protect users from viruses. (CNET)
- Lawyer opposes Nigerian settlement with Pfizer. (Mass Torts Profs)
- NY Appellate Division stays malpractice action against Greenberg Traurig. (ABA Journal)
- Absent a weekend settlement, jury selection will begin Tuesday in Alien Tort Claims Act case against Royal Dutch/Shell. (NY Law Journal/law.com)
Damages
- SCOTUS denies review of 5 to 1 punitive damages case against Chrysler for defective design of the car seats. (Cal Punitive Damages, Life Sciences Legal Update)
Appeals
comp insurer for bad faith (Business Ins)
- SBS
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May 21, 2009
Personal Injury Roundup No. 37 (5/22/09)
A quick announcement before we get to the Roundup: You'll be seeing some schedule shifts over the next weeks and months. I (Bill) am becoming Western New England's Associate Dean for External Affairs and will be dialing down my posting here a bit. I'll still do the Roundup and post fairly regularly, but not on as specific a schedule. Thanks to Sheila and Chris for picking up my slack!
And now, on with the show, er, roundup:
Reform, Legislation, Policy
- President Obama reverses much of preemption-by-preamble legacy of Bush administration (Huffington Post, Point of Law, Drug & Device Law) (for what it's worth, I think the last link has it right - unsurprising and probably, post-Levine, not as big a deal as it could be)
- ALI's principles of aggregate litigation getting finalized (summarized at Drug & Device Law Blog)
- Should foreign corporations have the same tort exposure as US corporations? (TortsProf)
- NEJM on physician conflicts of interest (NEJM)
- Robinette on early offers & apologies (Northwestern.edu)
- Feres doctrine debated (UPI)
- Deductibility of punitive damages (Insurance Journal, also at Point of Law)
- New York's second largest medical malpractice insurer is insolvent (New York Personal Injury Attorney Blog)
New Lawsuits
- Weird set of facts results in lawsuit, when caregiver watching a bounce house gets smacked by a bouncer, later dies (On Point News)
- First lawsuit may be imminent in swine flu outbreak (Examiner.com)
Damages
- $1 awarded in policy shooting (Washington Post)
- $10,000 damages in taser suit (Rutland Herald)
- Punitive damages possible in Florida defamation suit (Orlando Sentinel)
Appeals
- Collection of links about the implications (many torts-related) of the Supreme Court's Iqbal decision, limiting notice pleading in the context of a Bivens action (Point of Law)
Miscellaneous
- If you show up in the "Damages" section of the roundup with a $1 million verdict, maybe you can join the "Million Dollar Advocates Special People's Club" (okay, I added the last part). Eric Turkewitz digs some. Note that I will make you a pretty badge for your website for substantially less than $1,200.
--BC
May 21, 2009 in Roundup | Permalink | Comments (0) | TrackBack
May 15, 2009
Personal Injury Roundup No. 36 (5/15/09)
It's graduation weekend at many schools. Best wishes to all law grads!
Reform, Legislation, Policy
- John Day on a doctor-owned med mal insurer's surgical checklist (Day on Torts)
- Hearings on the Medical Device Safety Act of 2009 (Drug and Device Law)
- Let's stick with Beck and Hermann for a while--In this post, they describe the ALI's attempt to finalize The Principles of the Law of Aggregate Litigation (Drug and Device Law)
- NC Medical Board opposes a bill in the legislature that would make it more difficult to discipline doctors (Raleigh News & Observer)
- OK tort reform compromise (TortsProf)
New Lawsuits
- A tort claim, a precondition to filing suit against a public entity such as a school, has been filed in Indiana over alleged sexual assault on a school bus (nwi.com)
- Walter Olson on "sexting suicide" suit (Overlawyered)
Appeals
- Virginia Court of Appeals disputes the meaning of "assault." It's a criminal case, but the tort definition is discussed. (VLW Blog)
- Commentary on a recent D.C. Circuit decision rejecting the right-to-control test to distinguish between employees and independent contractors (Stier/Mass Torts Profs)
Miscellaneous
- Ron Miller on Settlement Loans (Maryland Injury Lawyer Blog)
- $2 million for injuries in team-building sumo wrestling (CBS Denver 4)
--CJR
May 15, 2009 in Roundup | Permalink | Comments (0) | TrackBack
