Personal Injury Roundup No. 72 (3/26/10)

Reform, Legislation, Policy

• Fourteen states have sued federal government over health reform bill.  A joint lawsuit was filed in federal court in Florida on behalf of Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Louisiana, Idaho, Washington and Colorado.  (Copy of the complaint (pdf)).  Virginia filed a separate suit as well. (Copy of VA complaint (pdf)).  Coverage is extensive.  (AP, WSJ Law Blog, BLT, CNN, Philly Inquirer,  Salt Lake Tribune, National Law Journal)
• White House officials respond to the States' law suit.  (BLT)
• FDA seeks comment on potential restrictions on outdoor tobacco advertising.  (FDA Law Blog)

New Lawsuits

• A Chicago-area Subway faces lawsuits for food poisoning back in February-March.  (About Lawsuits)
• Lawyer sues HBO for defamation and IIED based on alleged promotion of his film but then showing a different film.  (ABA Journal)

Appeals

• Georgia Supreme Court strikes down cap on non-economic damages. (Court Opinion (pdf), Point of Law, Day on Torts, Atlanta Journal Constitution, WSJ Law Blog)
• United States Court of Apeals for the Fifth Circuit finds plaintiff can't prove Requip caused plaintiff's gambling.  (Drug & Device)

Trials, Settlements and Other Ends

• Plaintiff loses first Seroquel trial to go to a jury verdict.  (Boston PI Lawyer Blog)
• Federal district court in Pennsylvania denies medical monitoring class action.  (Mass Tort Defense)
• Headmistress's defamation suit against Oprah settles.  (Texa Lawyer)

Damages

• NC jury awards $9 million in alienation of affection suit.  (Greensboro News & Record, Turley)
• FL jury awards $26.6 million to smoker's widow.  (Links collected at Cal Punitive Damages)

Thanks to Alan Crede for material this week.

--SBS