Personal Injury Roundup No. 2 (8/8/2008)

We hope to have a "Roundup" category in the near future.  In the meantime, however, you can find previous editions of the Roundup by scrolling under the Current Affairs category (in the Topical Archive off to the lower right).

Now on to the week in torts: 

Reform, Legislation, Policy

• Bills to overturn the Supreme Court's preemption decision in Riegel v. Medtronic have been introduced in both the House and Senate.  [TortsProf, Point of Law, Drug&Device]
• FDA to advertise a fake blood pressure drug in order to study whether the visuals divert consumers from the warnings.  [Pharmalot]
• NY Assembly Speaker makes personal loans to Counsel Financial, a company that finances plaintiffs' contingency fee litigation.  [NY Times]
• State AGs, lawyers and lobbyists all attend Conference of Western Attorneys General.  [Legal Newsline]
• Senate bill would create "Health Care Comparative Effectiveness Research Institute" to review clinical research on drugs, devices and surgical procedures. [Pharmalot]
• FDA announces new conflict-of-interest rules for advisory committees.  [FDA, SanFran Chronicle]
• Debate on medical malpractice.  [Overlawyered]

New Lawsuits

• Finally, a lawsuit in the salmonella outbreak [WSJ Law Blog].
• Class action against Ford over not-so-limited edition Mustang.   [Reuters]
• Another mortgage meltdown suit:  Connecticut sues Countrywide, alleging company violated state consumer protection laws by misleading borrowers to take on loans that they could not afford.  CT joins California, Illinois, Florida and the City of San Diego in pursuing litigation against the financial lender.  [Newsday/AP]
• Beat up because he's a Red Sox fan; suing the Yankees [MassLive.com].
• Second amended complaint in AutoAdmit lawsuit identifies one defendant.  [ABA Journal,  WSJ Law Blog, Overlawyered]

Discovery

• Medblogs give outsiders chance to eavesdrop on break-room conversations and learn insiders thoughts on clinical studies.  [LA Times, GruntDoc]

Trials, Settlements & Other Ends

• Judge tosses Don King's libel suit against ESPN.  [American Lawyer via Law.com]
• 8 year old skier sued for collision with adult settles suit.  [Overlawyered]
• Food manufacturers settle suit by the CA AG concerning carcinogen levels in potato products.   [TortsProf]. 
• Trials galore, free to watch online [The Mac Lawyer].
• Mapractice suit against white collar defense lawyer Michele Roberts dismissed with prejudice. [BLT, Legal Times/law.com]
• Study finds settlement nets more cash than trial. [NY Times]

Appeals

• Second Circuit certifies strict liability question on "when a seller of used machinery may be deemed a regular seller" to New York Court of Appeals.  [Court's opinion (pdf), NY Law Journal/law.com]
• Fourth Circuit rejects defamation claim against Air American radio host. [AmLawyer/Law.com]
• In a case of first impression, Seventh Circuit affirms removal of 144 plaintiff Burlington Northern wood processing case to federal court under CAFA's provision for "mass actions."   [Court's opinion (pdf), Business Insurance]
• Eighth Circuit affirms dismissal of switched-at-birth suit under Federal Tort Claims Act on SOL grounds.  [OnPoint]
• Ninth Circuit considering meaning of "interception" in civil e-mail hacking lawsuit. [WaPo]
• Federal Circuit hears oral argument in Bikini Atoll nuclear case.  [WSJ Law Blog]

Damages

• House passes bill authorizing unlimited punitive damages in pay discrimination cases.  [Cal Punitive Damages]

Miscellaneous

• Bryan Cave starts FDA practice group.  [BLT]

Goofy Stuff

• Okay, this has nothing to do with torts or personal injury, but I just love those guys over at JibJab. 

Shameless Self-Promotion (favorite posts of this week)

• Bill: Q: What'd you do today, Daddy?  A: Um, dug around domain registrations and corporate filings.  Good times!
• Sheila: Animal Law Conversation at Slippery Slope.

Thanks

• For sending us stuff: Eric Turkewitz and Richard Wright.

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- SBS