Personal Injury Roundup No. 69 (3/5/10)

Reform, Legislation, Policy

• Medical device firms claim job losses as a result of the Massachusetts gift-ban.  (Mass High Tech)
• Proposed Bipartisan Tax Fairness and Simplification Act of 2010 would bar defendants from deducting punitive damages awards as a business expense.  (NY Times, Cal Punitive Damages)
• FDA Tobacco Panel includes two scientists with ties to manufacturers of quit-smoking products.  (WSJ)
• Nestle, Gerber and 15 other companies receive warning letters from the FDA for false and misleading food labeling.  (Wash Post, FDA Law Blog)
  

New Lawsuits

• Santa Clara County (CA) files false advertising suit against GlaxoSmithKline.  (Mercury News)
• Portland (Ore.) community college student files false arrest and battery claims aganist police.  (Oregon Live)
• IHOP sued for finger-tip in the fried chicken salad.  (Smoking Gun)
  

Appeals

• Seventh Circuit rejects preemption defense in Paxil suicide case.  (Torts)
• New Jersey Supreme Court holds NJ can exercise jurisdiction in a product liability action over a foreign manufacturer based on the manufacturer's relationship with a nationwide distributor and on its presence at national trade shows. (Mass Tort Defense)
• Fifth Circuit to rehear the Katrina-climate change suit en banc.  (Mass Tort Defense)

Damages

• SC House passes punitive damages cap.  (Cal Punitive Damages)

Miscellaneous

• NY Daily News on forensic meteorology and New York's "Storm in Progress" doctrine for winter slip-and-falls.  Fascinating.   

Thanks to my co-editor Bill for material this week.

-SBS