TortsProf Blog

Personal Injury Roundup No. 85 - November 5, 2010

Apologies for the break in the Roundup.

From New England, where I'm dealing with an ear infection (and now understanding why my kids wailed like someone was jabbing them with a sharp stick when they had ear infections):

New Suits

• Bedbugs lead to lawsuits lead to bad publicity.  (Crain's New York)
• Suit claims Toyota required silence as condition of buying back cars with alleged unintended acceleration issues.  (TopSpeed.com)
• Medical care provider sued in claim it failed to prevent prison suicide.  (Yakima Herald)
• Major liability predicted in death of Notre Dame videographer.  (Forbes/SportsMoney)

Appeals

• Starbucks prevails in hot-tea double-cupping lawsuit.  (Reuters)

Reform, Legislation, Policy

• NY Times opines against money in judicial elections.  (New York Times)

Trials, Settlements and Other Ends

• Delaware county settles wrongful shooting case with victim's roommate.  (Star News Online)

Miscellaneous

• Johan Santana seeks dismissal of sexual assault lawsuit brought by anonymous plaintiff. (ESPN New York)
• Happy 1,000th post to friend-of-Torts-Prof Eric Turkewitz!  (Even if he still could use a shorter blog name; might I suggest "Eugene"?)  (New York Personal Injury Attorney Blog)
• We'd like your nominations for senior TortsProfs from whom we can get inspiration.  (TortsProf)

--BC

Personal Injury Roundup No. 84 (10/15/10)

New Suits

• OH:  Woman badly burned in gynecological procedure sues hospital, doctor. (Justice News Flash)

Appeals

• Justice Sotomayor appears most sympathetic to state vaccine suit.  (ABA Journal); also Alberto Bernabe has the transcript.
• NY:  Brain damage from med mal at birth yields $56M verdict, including $22M for pain and suffering; will be resolved on appeal.  (Hochfelder/New York Injury Cases Blog)
• PA:  Lackawanna County doctor loses appeal after one of the largest med mal verdicts in northeast PA history.  (Scranton Times-Tribune)

Reform, Legislation, Policy

• Report:  Med mal costs expected to rise (Business Insurance)

Trials, Settlements and Other Ends

• PA:  2 teens receive $185K, lawyer receives $425K from school district in webcam spying settlement.  (ABA Journal)

Miscellaneous

• Podcast on med mal risk management (Bernabe)
• More Wacky Warnings (Frith/The California Civil Justice Blog, via Olson/Overlawyered)
• R.I.P. Richard Nagareda (TortsProf)

--CJR

Personal Injury Roundup No. 83 (10/8/10)

New Suits

• Over a 100 negligence suits filed against St. Joseph Medical Center (Baltimore) on Tuesday alleging unnecessary heart-related procedures.  (WJZ 13)

Appeals

• Second Circuit issues summary affirmances in eight Zyprexa dismissals.  (Drug & Device)
• Eleventh Circuit "ruled that Medicare is not entitled to rely on its field manual and argue that a subrogation interest be reduced under a "made whole" type of analysis only if a judgment is entered in the case."  (Day on Torts)
• NJ Supreme Court upholds use of class action for consumer fraud claim against drug manufacturer based on allegedly deceptive advertising.  (Opinion, NJ Law Journal (via law.com), Drug & Device)
• Kentucky appellate court holds law barring punitive damages against dram shops is unconstitutional. (Cal Punitive Damages)

Reform, Legislation, Policy

• "Things Congress did and didn't do before leaving", Part I and Part II at Point of Law.
• On-going Foreign Corrupt Practices Act investigation of several major drug manufacturers. (WSJ)
• 9/11 compensation bill passed House last week, now moves through Senate.  (Point of Law)

Trials, Settlements and Other Ends

• Federal district court grants summary judgment to defendants in the Wii defective wrist strap class action.  (Mass Tort Defense)
• Federal district court judge reduces $8M Fosamax award as excessive, but denies new trial based on plaintiff's lawyer's improper conduct.  (Drug & Device, About Lawsuits, NY Law Journal/law.com) 

Miscellaneous

• Judge Barbier gave notice of intent to appoint Professor Francis McGovern as a special master under FRCP 53 in the In re Oil Spill MDL.  (Order, Mass Tort Defense)

--SBS

Personal Injury Law Roundup No. 82 - Oct. 1, 2010

Autumn has hit in New England.  Snow and the slip-and-fall cases are no doubt close behind.  This week's roundup:

New Cases

• In not-at-all-surprising news, plaintiffs to seek punitive damages in salmonella cases ("Food Safety News" (note: that's a press release, not a news story)
• Victim of bullying sues school district, alleged bully's parents (Fox19.com)

Policy & Politics

• Legislation considered to eliminate civil immunity for some government/military contractors (OregonLive.com)
  

Verdicts & Other Ends

• Iran ordered to pay punitive damages in bombing case (Daily Star)
  

Appeals

• Interesting, if a little muddled, Massachusetts case on duty, involving a casual softball game next to a house (Mass SJC)
• Justice Scalia stays smoking cessation program (TortsProf)
• New York considers tort implications of cyberbullying (Law.com)
• Supreme Court grants cert. on case involving class actions subsequent to dismissal of earlier actions (AP/Google)

Teaching Torts

• An informally open source casebook from Eric Johnson (North Dakota) (Prawfs and links therein)
  

--BC

Personal Injury Roundup No. 81 (9/24/10)

New Suits

• Negligence suit filed against 2 CA health care facilities in birth of brain-damaged child (PR Web)
• Woman sues airline over emergency landing (Overlawyered)

Appeals

• Idaho SC affirms dismissal of wrongful death action against school over a student's murder that occurred off the school's property and outside of school hours.  (LegalNewsline)
• Connecticut SC reverses slip-and-fall verdict; "mode of operation" rule not applicable.  (LegalNewsline)

Reform, Legislation, Policy

• NJ:  Bill would prohibit insurers from raising premiums for malpractice liability insurance unless a physician is found liable for a med mal claim.  (Holmdel Independent)
• Malpractice reform no panacea for rising health care costs (Century Foundation)

Trials, Settlements and Other Ends

• NC jury finds mistress must pay $5.8M alienation-of-affections verdict.  (WNCT-TV, via Volokh, via Overlawyered)
• Jury finds risks of FDA-approved drug outweighs its benefits (Bernabe) (Drug and Device Law)

Miscellaneous

• Ron Miller on malpractice suits of the rich and famous (The Maryland Injury Lawyer Blog)

--CJR

Personal Injury Roundup No. 80 (9/17/10)

New Suits

• Mel Gibson's ex-girlfriend Oksana announced her intent to file suit against Mel for battery, emotional distress and defamation. (TMZ).
• Florida state court judge sues for medical malpractive for sponge left in his abdomen after surgery.  (Miami Herald)
• Michael Jackson's mom sues concert promoter for wrongful death.  (Turkewitz)

Appeals

• Second Circuit reverses Judge Weinstein's class certification in the Zyprexa litigation.   The Court also vacated his denial of summary judgment.  (Court's opinion, Point of Law).
• Sixth Circuit vacates jury award in welding rod case based on errnoneous Daubert ruling. (Mass Tort Defense, Court's opinion)
• Ninth Circuit affirms Alien Tort Claims Act verdict in favor of Chevron.  (Court's opinion, Torts/Bernabe)
• Massachusetts Supreme Court adoptes "apparent manufacturer" doctrine. (Bernabe)

Reform, Legislation, Policy

• The costs of defensive medicine?  Philadelphia Inquirer and BNET take a look.
• Federal magistrate judge concludes that Texas's medical malpractice caps are constitutional.  (Texas Tribune)
• Senator Patrick Leahy (D-VT) introduced the Food Safety Accountability Act of 2010, which strengthens criminal penalties for food safety violators.  (FDA Law Blog)

Trials, Settlements and Other Ends

• $1.1 M jury award in Baltimore medical malpractice case.  (About Lawsuits)
• $5.8 M alienation of affection award in North Carolina. (WNCT)

Miscellaneous

• Podcast on California's medical malpractice laws.  (Bernabe)

--SBS

Personal Injury Roundup No. 79 (9/10/2010)

We're back!  Did you miss our rounduppy goodness?  We've all started back at our respective institutions, and we're ready to rumble, er, provide a list of links to things happening in tort law.

New Suits

• Family to sue Extreme World amusement park where daughter critically injured; free-fall ride had no fail-safe to ensure the catch net was in place before patrons were dropped 80 feet.  [WFRV]
• Suit follows tea bottles allegedly exploding (linked to largely for the tag "Don't Tazo Me Bro") [Consumerist]
• Burn from hot chocolate at McDonalds results in lawsuit (focus is on lid attachment as well as temperature) [Chicago Tribune]
• Echoing the always-good-for-a-squirm Shoshone Coca-Cola Bottling Co. v. Dolinski, a new lawsuit against Wal-Mart for milk containing a dead mouse.  [Justice News Flash]

Appeals

• A fascinating case involving third-party intervening criminal misconduct; Tennessee appellate court concludes no manufacturer liability when an amusement park operator intentionally bypassed a safety system. [MassTort.org]
• Dismissal of tort suit for torture upheld based on state secrets doctrine [Washington Post]
• Plaintiff's verdict in mesothelioma suit upheld; exposure came from cleaning husband's clothes.  [NJ.com]
• Plaintiff's $20.5 million verdict in welding rod suit vacated, remanded for new trial with expert excluded. [Plain Dealer]

Policy, etc.

• Defensive medicine costs: a couple of looks.  [WSJ Health Blog, Health Affairs]

Trials, Settlements and Other Ends

• Ford settles faulty-seatbelt case post-$131 million jury compensatory (should there be air quotes there?) verdict, before punitives.  [AOL Autos]

Miscellaneous

• BP's report: "An Exercise in Rebutting Gross Negligence Claims?"  [WSJ Law Blog]
• A (defense-oriented) look at the status of global warming litigation.  [Mass Tort Defense]
• Bumbershoot would like you not to stage dive or mosh, but if you do, to be aware that it's risky.  I think that's what they mean anyway.  [Woot.com]
• Do you have kids?  Do you know someone who does?  You might want to buy this CD, released on a label started by, uh, me.  New music from Pete Seeger, Dan Zanes, They Might Be Giants, Jonathan Coulton, and more.  Benefiting Haiti relief.  [ManyHandsCD.com]

--BC

Personal Injury Roundup No. 78 (5/28/2010)

Note: The Roundup will take the summer off due to our varied and crazy travel schedules.  But, based on the recent survey, we know it's an important feature, and it will return just as soon as is feasible.  In the meantime, happy summer!

New Suits

• Civil suits seek to go after creators and distributors of child pornography (Minnesota Public Radio)
• Deluge of lawsuits filed after removal of Hackensack police chief (NorthJersey.com) 
• Gene Simmons sued for allegedly assaulting a makeup artist (AP via Google)

Appeals

• Suit brought by mom over a hospital's retention of her son's heart after his death dismissed by intermediate appellate court (SFGate.com)
• Appellate court finds that running a car in an enclosed garage isn't a sufficiently obvious risk to support granting a motion to dismiss pre-discovery (Overlawyered, and links and comments therein)

Policy, etc.

• Preemption (or lack thereof) in the new motor vehicle safety bill (Point of Law)

Trials, Settlements and Other Ends

• Suit against Tom Brady & Gisele alleging that bodyguards shot at photographers dismissed for lack of jurisdiction (Reuters)

Miscellaneous

• Woman describes the aftermath of an injury that made her speak with a foreign accent, including discussing mockery of her suit in the media (Washington Post)
• Chinese drywall suits get class status (Miami Herald, more updates at The Pop Tort)

--BC

Personal Injury Roundup No. 77 (5/21/10)

New Suits

• Kirkland & Ellis will represent BP in oil-spill cases.  (ABA Journal)
• A DE physician is facing hundreds of tort and criminal actions based on molesting his patients.  Widener Law Dean Linda Ammons wrote a report to the governor detailing the incidents.  (Delaware Online; Bernabe/Torts)
• Family of MI child killed in raid sues police.  (CNN.com)

Appeals

• 4th Cir:  Trial judge erred in cutting a p.i. lawyer's fee from $6M to $600,000.  (ABA Journal)
• NY:  Med mal failure to monitor for lupus award vacated; new trial ordered.  (Hochfelder)
• Federal Circuit affirms dismissal of vaccine-autism claims.  (Copland/Point of Law)

Damages 

• NY:  $5M pain-and-suffering verdict for AA back injury modified to $800,000.  (Hochfelder)

Trials, Settlements and Other Ends

• Fort Worth agrees to pay $2M in damages for Taser death.  (WFAA.com)
• Judge rules against plaintiffs in "backyard smoking" case.  (KDAT.com)

Miscellaneous

• VT disputes report critical of its response time in 2007 shootings.  (CNN.com)

--CJR

Personal Injury Roundup No. 76 (5/14/2010)

Graduation here at Western New England is just a week away.  Congratulations to graduates here and across the country!

Reform, Legislation, Policy

• Some Kagan links: Turkewitz hopes she's handed clients tissues (New York PI Law Blog); Overlawyered rounds up some links (Overlawyered); Victor Schwartz comments on her having an open mind on liability reform (Business Insurance).
• Center for American Progress criticizes damage caps for environmental damages. (Center for American Progress) 
• Damages the focus of insurer ad buys in North Carolina.  (BusinessWeek)

New Lawsuits

• Lord Jesus Christ hit by car in my little town of Northampton, Mass.; says he thinks it was an accident but has a lawyer anyway.  (MassLive.com)
• Media hears "Starbucks" and "hot beverage" in the same sentence, writes a story evoking Stella Liebeck and calls it a day.  (Turkewitz)

Damages

• $500 million in punitive damages to pharmaceutical companies for plaintiffs getting hepatitis C due to reuse of vials; allegation is, I guess, that the vials the pharma companies used were too big and thus encouraged (?) reuse.  (Google/AP, Daily Finance) 
• Family of eight-year-old killed by negligently installed and inspected carnival ride will receive no compensation on top of roughly $2 million already received (MassTort.org)

--BC

Personal Injury Roundup No. 76

Reform, Legislation, Policy

• Vermont legislature considers whether doctors should disclose receipt of free drug samples. (Pharmalot)
• House committee investigates recall of childrens' Tylenol and other over-the-counter childrens' medicines.  (WaPo)

New Suits

• Lots of lawsuits filed over BP oil spill in the Gulf (About Lawsuits, National Law Journal/law.com), including several wrongful death suits on behalf of the workers killed in the original explosion.  (National Law Journal/law.com)
• Illiniois woman files suit against vacuum manufacturer alleging that defective vacuum sucked the hair out of her scalp. (Abnormal Use)
• "Tea is hot, too."   Suit against Starbucks for too hot tea.  (Overlawyered)
• Utah sues Johnson & Johnson and Astra Zeneca, alleging that both manufacturers failed to disclose side effects of their antipsychotic drugs.  (Pharmalot)

Appeals

• California appellate court revives Franklin Mint's malicious prosecution case against Manatt.  (The Recorder/law.com)

Damages 

• John Day points out the impact of the federal damages cap for oil spills on the BP suits.  (Day on Torts)

Trials, Settlements and Other Ends

• Links to WTC settlement and other documents (Mass Torts Profs)
• "Wyeth seeks new trial in Nevada Preempro case."  (AP/law.com)
• Comedian wins defamation suit based on mother-in-law jokes.  (ABA Journal)
• Merck wins second Fosamax trial.  (Pharmalot)
• Nevada jury finds drug manufacturer liable for hepatis-C transmission to plaintiff.  (CNBC/AP)

Miscellaneous

• Walter Olson leaves the Manhattan Institute and joins CATO.  Ted Frank replaces Olson as editor of Point of Law. (Overlawyered, Point of Law)

-SBS

Personal Injury Roundup No. 74

Reform, Legislation, Policy

• Louisiana Senate committee rejects bill to ban energy drinks to kids.  (Bloomberg Business Week)
• Pennsylvania releases med-mal data.  (TortsProf)
• Florida passes two tort-reform measures - risky activity waivers for children and increase on damages caps in suits against the state.  (Miami Herald)
• FDA plans to limit amount of salt in processed foods.  (WaPo)

Appeals

• Rhode Island Supreme Court allows suit against city of Newport for fall along the famous Cliff Walk.  (UPI)
• NY Appellate Division rules assumption of risk was not complete defense in cheer leading accident.  (NY Law Journal/law.com)
• Ninth Circuit follows Seventh Circuit and holds that denial of class certification does not divest court of CAFA jurisdiction.  (Consumer Class Actions & Mass Torts)

Trials, Settlements and Other Ends

• Judge dismisses Federal Torts Claims Act suit against SEC over Madoff fraud.  (National Law Journal/law.com)
• Sort of an "other end" - MN doctors ask judge to reject Guidant plea deal that would settle federal criminal charges over Guidant heart defibrillators.  (MN Star Tribune)

Miscellaneous

• Washington Legal Foundation introduces its new blog:  Legal Pulse.

-SBS

Personal Injury Roundup No. 73 (4/2/10)

Happy Passover!  Happy Easter!  In torts...

Reform, Legislation, Policy

• The health care bill's medical liability language.  (Wood/Point of Law)
• Two by Cathy Sharkey:  On Punies, On Preemption.

New Lawsuits

• Man sues neighbor over alleged deleterious effects of her use of electronic devices.  (ABA Journal)

Appeals

• Palestinian Authority loses another round in NY Appellate Division over $116M terror verdict.  (Turkewitz)
• NY:  $50,000 pain-and-suffering verdict for 90 days of back pain upheld on appeal.  (Hochfelder)

Trials, Settlements and Other Ends

• OR:  At least $1.3M dram shop settlement in the deaths of two women (KATU.com)
• NJ:  AstraZeneca wins first Seroquel case.  (Abnormal Use, via Olson/Point of Law)

Miscellaneous

• Panel on "Pluralism in Tort Law and Litigation" at the 13th Annual Conference of the Association for the Study of Law, Culture, and the Humanities.  (Stier/Mass Tort Profs)

--CJR

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

Personal Injury Roundup No. 71 (3/19/2010)

A short week, since this is my spring break and I'm at the Cape (for the first time!).

Reform, Legislation, Policy

• Rather than trying to choose representative posts about the role of tort issues in the health care debate, maybe I'll just point you to the Google News results for "tort reform."
• On taxing punitive damages (TortsProf)

New Lawsuits

• Walter Olson takes a preemptive strike against the Toyota suits, based in part on research done by Ted Frank.  (National Review Online; see also this Atlantic piece) 
• In the dog-didn't-bark category (if that's the right use of that phrase), a couple of years ago, I did a much-linked-to post about a teen who was hit and killed by a roller coaster train after he jumped at least one fence, passing by fairly emphatic warning sign.  At the time, his survivors and their attorney were making noises as if a lawsuit was coming; so far as I can tell, that hasn't happened.

Appeals

• Interesting summary judgment reversal on a go-kart injury case (MassTort.org)

Damages/Settlements

• Potential settlement in 9/11 Responders suit (TortsProf & links therein)

Miscellaneous

• Happy birthday to William Prosser!  (TortsProf) 
• Theme park, closed since 1993, owes big money for 2005 injury on the property (MassTort.org) 
• Miller & Zois has a weekly pharma-related roundup (Drug Recall Lawyer Blog) 
• It's an Iqbal Extravaganza!  (Drug & Device Law Blog)

--BC

Personal Injury Roundup No. 70 (3/12/10)

Reform, Legislation, Policy

• IL:  Republican state legislator introduces a constitutional amendment which would allow the legislature to cap medical malpractice damages.  The measure could reach the voters in November.  (LegalNewsline)  However, the head of the IL Civil Justice League does not expect the issue to reach the voters this fall.  (LegalNewsline)
• The Pop Tort on punies.  (The Pop Tort)
• MI:  RAND study on auto insurance rates.
• Ron Miller on dram shop liabilty.  (The Maryland Injury Lawyer Blog)

New Lawsuits

• WV:  A McDowell County woman sued a local hospital and doctors for med mal over the death of her husband.  She alleges that after a tumor was discovered, surgery was needlessly delayed and, even after a pathology report determined the tumor was cancerous, one of the doctors refused to believe it.  (The West Virginia Record)
• VA:  A $1M defamation suit against a prominent advocate of child immunizations was dismissed by an Alexandria, VA federal district judge.  The judge ruled the defendant's statement "she lies," made about an anti-vaccination advocate, was not actionable.  (VLW Blog)

Appeals

• SCOTUS to decide if compensation law bars vaccine suits.  (ABA Journal)

Damages

• Appeal of verdict in excess of $105,000,000 for brain damages from med mal results in recovery of $5,357,000.  (Hochfelder/New York Injury Cases Blog)

Miscellaneous

• John Day offers a list to determine whether a person is an employee or independent contractor.  (Day on Torts)
• George Conk on the plaintiff-funded research debate.  (Otherwise) 
• Eric Turkewitz's "Linkworthy" edition.  (New York Personal Injury Law Blog)

Thanks to Mark Behrens and Bill for material this week.

--CJR

   

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

Personal Injury Roundup No. 67 (2/19/10)

Okay.  I admit it's been a very busy week for me, and I haven't spent as much time on the Roundup as usual.  However, that being said, I have trolled all my typical sources of information.  It just seems to be a slow week.  Perhaps the Olympics are to blame.  In any event, I'm outsourcing this week's Roundup.  If you have information to contribute, send it in.  I'll get the word out about your interesting new suit, appeal, settlement, etc.

Reform, Legislation, Policy

• New RAND Publication: The U.S. Experience with No-Fault Automobile Insurance: A Retrospective
• The IL Supreme Court struck down caps on med mal awards last week.  Will awards climb as a result?  (Medill Reports)
  

New Lawsuits

• 
   

Trials, Settlements and Other Ends

• $4.1 M settlement for malicious prosecution leading to a decade of imprisonment.  (CNN)

Appeals

• Dismissal of suit for floor hockey gym class injury upheld on appeal (New York Injury Cases Blog)

Damages

• Police car strikes bicyclist, breaking both of his legs; Appeals court upholds additur from $100,000 pain-and-suffering verdict to $750,000.  (New York Injury Cases Blog)

Miscellaneous

• Ron Miller on Personal Injury Leads Cold Calls (The Maryland Injury Lawyer Blog)
• Monday's Guest Blogger, Anita Bernstein, on "Tort Law, Distributive Justice, and Sociolegal Scholarship."  (Via Solum/Legal Theory Blog)

Thanks to Mark Behrens for material this week.

--CJR

Personal Injury Roundup No. 66 (2/12/10)

Reform, Legislation, Policy

• A lower pain-and-suffering damages cap for med malpractice suits under consideration in Utah.  (Salt Lake Tribune)
• FDA considers changing serving size information.  (NY Times)
• Connecticut gubernatorial candidate calls for medical malpractice tort reform.  (Stamford News)
• First Lady Michelle Obama discusses health care reform and obesity on Larry King. (CNN)
  

New Lawsuits

• 50 Indiana women file suit against Bayer over Yasmin. (IndyStar)
• Toyota lawsuits begin.  (Civ Pro Profs, National Law Journal/law.com)
• Brangelina sue  News of the World  for "false and misleading" breakup story.  (Us Mag, Guardian UK, BBC)
   

Trials, Settlements and Other Ends

• Jenny Craig settles false advertising suit by Weight Watchers.  (American Lawyer/law.com)

Appeals

• Third Circuit holds that Federal Tort Claims Act suits must state "sum certain" even if treatment is on-going.  (NJ Law Journal/law.com)
• Washington Supreme Court rejects nationwide consumer fraud class action against AT&T.  (Mass Tort Defense)

Damages

• Florida judge says he intends to reduce $224M punitive damages award to individual smoker.  (Cal Punitive Damages)
• Meanwhile, a Philadelphia judge reduced the punitive damages against Wyeth in a Preempro case from $75M to $5.6M.  (Mass Torts Profs)

Miscellaneous

•  "Online Defamation and Anonymous Defendants."  (National Law Journal/law.com)

--SBS

Personal Injury Roundup No. 65 (2/5/2010)

Six more weeks of winter, and another week of Torts.

Reform, Legislation, Policy

• Illinois med mal caps struck down (Legal News Line).
• Tribe et al. (in conjunction with WLF) on the use of litigation to deal with global warming (spoiler: they think it's a bad idea) (TortsProf). 
• Huffington Post blogger on med mal and reform (Huffington Post).
• Erik Turkewitz "has gotta love" John Stossel (note: Erik may be being sarcastic) (New York Personal Injury Law Blog)

New Lawsuits

• Toyota's got some potential legal trouble (TortsProf and included links, plus the more recent Law.com piece and The Pop Tort). 
• Trespass claims against Google based on Street View can continue (Search Engine Land).
   

Trials, Settlements and Other Ends

• Stripper gets $100K ($1M less than she sought) for injuries in drunk driving accident, alleging that drinking was part of her job (Overlawyered). 
• Settlement discussions ongoing in 9/11 worker suits (NYT).

Damages

• Victim in car accident seeks punitive damages against Terry Bollea and his son; Bollea is better known as Hulk Hogan (TampaBay.com). 
• Damages in HRT suit slashed from nearly $80 million to $5.6 million in punitives plus $3.7 million in actual damages (Philly.com)

Miscellaneous

• Plaintiffs' attorneys fighting back against fraud allegations in suits against Dole (Law.com
• Adventures with peer review and experts in drug cases (with a comment from me) (Drug & Device Law Blog).
• Lancet (finally?) fully retracts article linking autism to vaccines (BBC). 
• Suit against U-Haul for injuries resulting from truck with allegedly failed brakes and transmission continues through appellate process in Texas (Courier-Gazette).

--BC