Personal Injury Roundup No. 29 (3/20/09)

Happy first day of Spring!    Here's what happened in the world of torts in the last week of winter: 

Reform, Legislation, Policy

• Obama names Dr. Margaret Hamburger, former NYC Health Commissioner, as head of FDA.  (NY Newsday, Atlanta Journal Constitution, WSJ)
• Oklahoma Bar Association criticizes tort reform proposals now pending before OK Senate.  (Seattle Times/AP)
• Sen. John Cornyn (R-TX) sponsored a Republican Senate Conference on "Protecting Main Street from Law Suit Abuse" on Monday, March 16th.  (Point of Law).  Ted Frank testified at the conference.  (AEI, Overlawyered)
• Democrat sponsored med-mal reform?  Obama advisor and other top Democrats raises possibility.  (Point of Law, WaPo, ABA Journal)

New Lawsuits

• Promoter sues Japanese pop star "Rain" for fraud and breach of contract after Rain canceled his break out tour in the U.S. (LA Times)
• Family of chimp attack victim sues owner.  (Law and More, Jonathan Turley)

Trials, Settlements & Other Ends

• Wal Mart wins denial of class certification in pet food case.  (Am Law Lit Daily, The Recorder/law.com)
• NJ trial court denies class certification in Vioxx case.  (Drug & Device)

Appeals

• United States Court of Appeals for the First Circuit denies en banc review in defamation case holding that truth is not an absolute defense to libel.  (Media Law)
• Following December's Supreme Court decision in Altria v. Good, the Massachusetts Supreme Court gave the green light to a "lights cigarette case" alleging that use of the term "lights" on cigarettes was fraudulent under state consumer protection laws.  (AmLaw Lit Daily, Law.com/AP, Consumer Class Actions)
• New Jersey appellate court issues decision applying Wyeth.  (CL&P)
• Chrysler loses appeal on its request to autopsy mesothelioma victim. (Am Law Lit Daily, NJ Law Journal/law.com)

Miscellaneous

• Google mistrial:  Use of BlackBerrys and iPhones by jurors during trial causing mistrials across the nation.  (NY Times, Faculty Lounge)

--SBS