TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Friday, August 7, 2009

Personal Injury Roundup No. 45 (8/7/09)

Here's what happened last week in the world of torts:

Reform, Legislation, Policy

  • House passes Food Safety Enhancement Act of 2009.  (FDA Law Blog, Overlawyered, Mass Tort Defense)
  • More on health reform.   (NYT, ABC News Political Punch)
  • State attorneys general and health advocacy groups call for tougher regulation of caffeinated alcoholic drinks.  (WSJ)
  • Senate Committee holds hearings on Medical Device Safety Act, which would overturn the Supreme Court's preemption decision in Riegel.  (Life Sciences)

New Lawsuits

  • Teen passenger in speeding car sues victim of crash.  (Overlawyered)
  • Chicago doctor sued for performing surgery on the wrong knee.  (AboutLawsuits)
  • Sarah Palin threatens defamation suit over divorce rumors.  (Hollyscoop)

Trials, Settlements and Other Ends

  • Northern District of Illinois dismisses proposed baby bottle cooler class action against Platex Products.  (Mass Tort Defense)
  • Two products liability cases dismissed under Iqbal pleading standard.  (American Lawyer/law.com)
  • Merck reaches $80 million Vioxx settlement with third-party payor plaintiffs.  (AP/law.com, WSJ)
  • $1.6M verdict in Florida school bus crash case. (About Lawsuits)
  • Pennsylvania state court judge recommends defamation verdict against The Citizens' Voice be vacated and a new trial held.  (How Appealing)
  • Shoe-manufacturer Crocs settles products liability suits over design of the popular rubber foam clogs.  (OnPoint News)
  • Merck & Schering-Plough settle Vytorin suits for $41.5 million.  (AP/law.com)

Damages

Miscellaneous    

  • Rejecting the plaintiffs' attorneys plan to divide leadership among seven firms, federal judge names lead counsel in Aetna class action.  (NJ Law Journal/law.com)
  • WSJ Law Blog has interesting follow-up (via AP) on the coupon redemption rate in the Ford rollover litigation settlement:  Of the 1 million class members, 75 have redeemed their settlement coupon. 



- SBS

August 7, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, July 31, 2009

Personal Injury Roundup No. 44 (7/31/09)

After a longer-than-planned-for absence (the reason noted below), I'm back at the TortsProf blogging.  As I announced before, I'll be a bit more irregular than usual, with my new duties as Associate Dean for External Affairs at WNEC, but I will still be around.  And while many of our former students just finished taking the bar exam, there's torts news to consider:

Reform, Legislation, Policy

  • S. Todd Brown (Buffalo) explores the intersection of bankruptcy and mass tort in a series at Point of Law (Introductory post
  • Abraham on private regulation of medicines (Huffington Post)
  • A national board on medical safety?  (NY Times)
  • Dorf on Sen. Specter's proposed response to Iqbal (Dorf on Law, Findlaw)
  • Alienation of affection: North Carolina's Number One! (Volokh)
  • Sue drug dealers in Tennessee (P.S. Good luck collecting) (Day on Torts)
  • Immunity for swine flu vaccine manufacturers (MSNBC)
  • Possible legislative responses to direct-to-consumer advertising (NYT)
  • Obama is skeptical of malpractice damages, etc., as major factor in health costs (Washington Post)
  • Tax breaks for trial lawyers (TaxProf and links)

New Lawsuits

Trials, Settlements and Other Ends

  •  A detailed look, from a defense perspective, at a Daubert loss in Prozac litigation (Drug & Device Law Blog)
  • The first Neurontin trial started Monday (WSJ Law Blog)...and ended Wednesday with an anonymous donor funding a trust (WSJ Law Blog) (I note, with interest, that David Egilman, central as an expert in the Zyprexa litigation document leak, is now serving as the family's spokesman); Ron Miller speculates on the identity of the trust funder (Maryland Injury Attorney Blog), as do Beck & Herrmann (Drug & Device Law Blog).  I'd put money on someone with a better Neurontin case coming down the road.
  • Speaking of Zyprexa (which we kind of were), West Virginia has apparently settled its off-label marketing case with Lilly (Legal News Line)
  • No false imprisonment in hospital deportation case (TortsProf)
  • Railroad not responsible for goose-caused injuries (Overlawyered and links therein)
  • First 9/11 tort suit to go to trial next spring (Newsday)

Damages

Appeals

Miscellaneous    

  • Author of "Doubt Is Their Product," sometime plaintiffs' expert, and SKAPP head David Michaels to head OSHA (White House)
  • Plaintiffs trying to get Chrysler's attention (ClickOnDetroit.com)
  • Wyeth ordered to release documents connected to alleged ghostwriting (AP)
  • Vesphoto  I was absent from posting (and most things) for June and most of July due to my father, W. Ves Childs, getting suddenly ill and dying, on June 21, from pancreatic cancer.  He is probably the person most responsible for me teaching, and for my interest in the intersection of law and science.  You can read the official obituary (which I wrote) at my kids' music site, Spare the Rock, Spoil the Child; there is also one from his graduate chemistry department: Mole Street Journal.  Below is the slideshow we put together for his memorial service.

--BC 

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Friday, July 24, 2009

Personal Injury Roundup No. 43 (7/24/09)

It is the dog days of summer here in sunny South Carolina.  I hope you are staying cool.  Here's what happened this past week in the world of torts:

Reform, Legislation, Policy

New Lawsuits

  • NY state judge reinstates Dan Rather's fraud claim against CBS.  (AmLaw Daily)
  • Two passengers in May 8th Boston trolley accident filed suit against the MBTA and the trolley driver, who was allegedly texting at the time of the accident.  (AboutLawsuits)
  • Hepatitis exposure class action filed against McDonald's.  (AboutLawsuits, Law and More)
  • Steelers QB sued for sexual assault.  (TortsProf)
  • Warning labels on hot dogs?  (ABA Journal, Overlawyered)

Trials, Settlements and Other Ends

Damages

  • $24M verdict in TN med-mal case.  (TortsProf)

Appeals

Miscellaneous    

  • Laugh out loud at the coffee cup warning from Walter Olson

 - SBS 

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Friday, July 17, 2009

Personal Injury Roundup No. 42 (7/17/09)

It's been a big week in Wisconsin.

Reform, Legislation, Policy

Trials, Settlement and Other Ends

Appeals    

  • WI:  No lead-paint liability; design not defective (LegalNewsline)
  • WI:  No bystander NIED for med mal claims (Wisbar)

Miscellaneous

  • A fourth year of law school?  So recommends an ABA committee.  PropertyProf Ben Barros offers an alternative proposal.  (PropertyProf Blog)

--CJR

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Friday, July 3, 2009

Personal Injury Roundup No. 41 (7/03/09)

Happy Fourth of July!

Reform, Legislation, Policy

Trials, Settlement and Other Ends

Damages

Appeals    

Miscellaneous

--CJR

July 3, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, June 19, 2009

Personal Injury Roundup No. 40 (6/19/09)

I hope you are enjoying the opportunity to focus exclusively on scholarship as much as I am.  Without further ado...

Reform, Legislation, Policy

Trials, Settlement and Other Ends

  • In NC:  a $500,000 alienation of affections and criminal conversation award.  (Overlawyered)  Again, I prefer a different approach.  (I'm feeling contrary.) 
  • Jury awards $1.8M in MI med mal death case.  (Morning Sun)

Damages

Appeals    

  • A decision that was to clarify PA products law has been dismissed as improvidently granted.  (Drug & Device Law)

Miscellaneous

--CJR

June 19, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, June 5, 2009

Personal Injury Roundup No. 39 (6/05/09)

Happy birthday today to both my Dad (62) and my brother (34).  In torts...

Reform, Legislation, Policy

New Lawsuits

  • Beaumont, TX man files suit alleging surgeon left a needle inside his body that perforated his bladder.  (Southeast Texas Record)
  • A Girl Scout and her mom filed suit against a prominent San Francisco litigator, alleging that he failed to put his car into park before stepping out of it.  The car hit the two of them while they were selling Girl Scout cookies.  Both plaintiffs suffered severe leg injuries; the mother's left leg was amputated above the knee.  (San Francisco Chronicle)

Trials, Settlements and Other Ends

  • Walter Olson reports that the San Francisco Zoo has settled with the brothers injured in a tiger attack on Christmas Day 2007.  (Overlawyered)
  • Injured longshoreman avoids removal to federal court; receives $5M in damages. (VLW Blog)
  • Lackawanna County, PA woman receives $1.88 M in failure-to-diagnose cancer case on behalf of her late husband.  (Scranton Times-Tribune)

Damages

Appeals    

  • Washington Supreme Court holds that strict liability applies retroactively to all claims, such as from asbestos exposure, that occurred prior to the adoption of strict liability in the state.   Download Opinion 80728-1[1] [PDF]  It should be noted that Ohio reached the opposite result in DiCenzo v. A-Best Prods. Co., Inc., 897 N.E.2d 132 (Ohio 2008), cert. denied, 2009 WL 185427 (U.S. Mar. 30, 2009).

Miscellaneous

          Ron Miller on "Personal Injury Verdicts and the Recession"

Thanks to Mark Behrens.

--CJR

June 5, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, May 29, 2009

Personal Injury Roundup No. 38 (5/29/08)

On this day in 1953, Edmund Hillary conquered Mt. Everest.   On to this week's news in the world of torts:

Reform, Legislation, Policy

New Lawsuits

  • Connecticut law firm sues Google over sale of firm name as ad-word.  (Am Law Daily, CT Law Tribune
  • Photographer sues Chris Brown over alleged assault.  (TMZ)
  • Three more suits concerning the antibiotic Levaquin filed in New Jersey; cases are being considered for mass tort status.  (About Lawsuits)
  • Realtors sue CSI writer for defamation.  (Turley)

Trials, Settlements and Other Ends

  • Florida librarian voluntarily dismissesnegligence suit against Facebook for its alleged failure to protect users from viruses.  (CNET)
  • Lawyer opposes Nigerian settlement with Pfizer.  (Mass Torts Profs)
  • NY Appellate Division stays malpractice action against Greenberg Traurig.  (ABA Journal)
  • Absent a weekend settlement, jury selection will begin Tuesday in Alien Tort Claims Act case against Royal Dutch/Shell.  (NY Law Journal/law.com)

Damages

Appeals    

  • Oklahoma Supreme Court holds that Walgreen worker can sue employer's worker's
    comp insurer for bad faith (Business Ins)
  • NY Appellate Division finds expert skier assumed risk.  (Overlawyered)  But same court finds bicycling is leisure activity (not a sport) and therefore  assumption-of-the-risk does not apply.  (NY Law Journal/law.com)

 - SBS 

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Thursday, May 21, 2009

Personal Injury Roundup No. 37 (5/22/09)

A quick announcement before we get to the Roundup: You'll be seeing some schedule shifts over the next weeks and months.  I (Bill) am becoming Western New England's Associate Dean for External Affairs and will be dialing down my posting here a bit.  I'll still do the Roundup and post fairly regularly, but not on as specific a schedule.  Thanks to Sheila and Chris for picking up my slack!

And now, on with the show, er, roundup:

Reform, Legislation, Policy

New Lawsuits

  • Weird set of facts results in lawsuit, when caregiver watching a bounce house gets smacked by a bouncer, later dies (On Point News
  • First lawsuit may be imminent in swine flu outbreak (Examiner.com)

Damages

Appeals    

  • Collection of links about the implications (many torts-related) of the Supreme Court's Iqbal decision, limiting notice pleading in the context of a Bivens action (Point of Law)

Miscellaneous

  • If you show up in the "Damages" section of the roundup with a $1 million verdict, maybe you can join the "Million Dollar Advocates Special People's Club" (okay, I added the last part).  Eric Turkewitz digs some.  Note that I will make you a pretty badge for your website for substantially less than $1,200.

--BC

May 21, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, May 15, 2009

Personal Injury Roundup No. 36 (5/15/09)

It's graduation weekend at many schools.  Best wishes to all law grads!

Reform, Legislation, Policy

  • John Day on a doctor-owned med mal insurer's surgical checklist (Day on Torts)
  • Hearings on the Medical Device Safety Act of 2009 (Drug and Device Law)
  • Let's stick with Beck and Hermann for a while--In this post, they describe the ALI's attempt to finalize The Principles of the Law of Aggregate Litigation (Drug and Device Law)
  • NC Medical Board opposes a bill in the legislature that would make it more difficult to discipline doctors (Raleigh News & Observer)
  • OK tort reform compromise (TortsProf)

New Lawsuits

  • A tort claim, a precondition to filing suit against a public entity such as a school, has been filed in Indiana over alleged sexual assault on a school bus (nwi.com)
  • Walter Olson on "sexting suicide" suit (Overlawyered)

Appeals    

  • Virginia Court of Appeals disputes the meaning of "assault."  It's a criminal case, but the tort definition is discussed.  (VLW Blog)
  • Commentary on a recent D.C. Circuit decision rejecting the right-to-control test to distinguish between employees and independent contractors (Stier/Mass Torts Profs)

Miscellaneous

--CJR

May 15, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, May 8, 2009

Personal Injury Roundup No. 35 (5/8/09)

Happy Mother's Day to all moms!   Here's what happened this week in torts:

Reform, Legislation, Policy

  • Dr. Margaret Hamburg sailed through her confirmation hearing as FDA head on Thursday.  (NY Times, WaPo)
  • President Obama seeks 19% increase in FDA budget.  (Reuters)
  • "Sin" taxes on cigarettes, soda and alcohol being considered in Illinois.  (IL Register-Mail)
  • Illinois Senate and House Judiciary Committee held hearings on a tort reform to tighten expert witness rules.  (Madison County Record)

New Lawsuits

  • Queens residents sue city for improper sewer maintenance.  (NY Daily News)
  • Numerous women sue over device to stop urinary incontinence.  (NY Times)
  • Kentucky parents sue hit-and-run driver who killed their toddlers.  (Courier Journal)

Trials, Settlements & Other Ends

  • 3M water pollution trial started this week.  (TortsProf
  • Here's Johnny - Ed McMahon settles med-mal suit. (TortsProf)
  • New Jersey settles suit against Synthes, a medical products company, over its alleged financial ties with doctors involved in clinical trials of its products.  (Star Ledger)

Appeals    

  • Illinois Appellate Court finds lack of causation in "dead body at the foot of the stairs case."  (TortsProf)
  • New Jersey Supreme Court rules that bars can't be liable for drunk patrons unless they actually served them alcohol.  (Star Ledger, Court's Opinion (pdf))
  • Device preemption win in Connecticut Court of Appeals.  (Drug & Device)

Miscellaneous

--SBS

May 8, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Thursday, April 30, 2009

Personal Injury Roundup No. 34 (5/1/09)

I've got a couple more days until the exams roll in for grading, so I'm off to Brooklyn for the weekend.  Here's a look at some of what happened this week in tort law.

Reform, Legislation, Policy

  • CEO of Universal Health Services, a hospital management company, thinks med mal liability reform should be on the table [CNBC]
  • Developments in Oklahoma liability changes [Insurance Journal] (don't confuse this story with the much more entertaining story about Oklahoma naming the Flaming Lips' "Do You Realize" the official state rock song)

New Lawsuits

  • Andrew Speaker of TB fame/infamy sues the CDC, who is no doubt not at all busy right now. [TortsProf
  • No suits yet (that I know of), but hotel lawyers are thinking about swine flu carefully. [Hotel Law Blog
  • Included only for the title: "Calzone Victim Files New Lawsuit."  Yes, it really is about a calzone, the delicious cheesy foodstuff.  [News-Journal Online]

Trials, Settlements & Other Ends

  • Wyeth v. Levine decision breaks logjam; lots of pharma trials coming. [Bloomberg
  • Another trial starting in chicken litter cases in northwest Arkansas.  [NWANews.com]

Appeals    

  • Part of Arkansas tort reform measures struck down as unconstitutional. [Johnson v. Rockwell (PDF)] 
  • Suit over alleged overseas torture allowed to continue, rejecting "state secrets" defense.  [Washington Post]

Miscellaneous

  • Ron Miller asks for a link, I provide one.  Plus, it's a good batch of links.  [Maryland Lawyer Blog
  • Chris is looking for Prosser references in pop culture.  I hope some hip hop artist somewhere has thrown in a Prosser line, perhaps rhyming with "bosser"?  [TortsProf]
  • Botox gets a black box in non-cosmetic use context, though patients getting the cosmetic use should be warned too (and, yes, there are Google ads for Botox Lawyer, and I bet this post will get some comment spam too). [WebMD]

--BC

April 30, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, April 24, 2009

Personal Injury Roundup No. 33 (4/24/09)

As the semester winds down, tort law rolls on...

Reform, Legislation, Policy

  • Nevada Supreme Court, citing a large backlog, arranges for retired judges to help settle med mal cases.  (Las Vegas Business Press)
  • Provisions of a Colorado bill that would have eased caps on med mal damages are removed.  (Denver Business Journal
  • Nevada Assembly passes bill that would lift the cap for non-economic damages in med mal cases for gross negligence.  (Las Vegas Sun)
  • Public Citizen releases report ranking how state medical boards discipline physicians.  (Public Citizen, via The Pop Tort)
  • Tennessee bill to cap damages in nursing home cases appears dead.  (The Pop Tort)

Trials, Settlements & Other Ends

  • Trial judge upholds $416,500 jury award to former model in med mal case against her former doctor, who was treating her for depression when the two engaged in a sexual relationship.  The jury found plaintiff-former model to be 25% at fault.  (New York Law Journal, Newsday)
  • Libel suit against Sasha Baron Cohen and Da Ali G Show dismissed. (The AmLaw Daily)

Appeals    

  • Can podiatrists testify about causation for foot injuries?  The Virginia Supreme Court decided to hear the appeal this week.  (VLW Blog)

Miscellaneous

  • Beck & Hermann thoroughly analyze the trend in PA law regarding the divide between negligence and strict liability.  (Drug & Device Law)

Thanks to Sheila for content this week. 

--CJR

April 24, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, April 17, 2009

Personal Injury Roundup No. 32 (4/17/09)

Here's the past week in Torts:

Reform, Legislation, Policy

  • Bill creating market-share liability for lead paint in Baltimore fails to pass Maryland General Assembly.  (Law & More, Point of Law)
  • Point:  Texas Med-Mal Damages Caps Worked.  (Point of Law)
  • Counterpoint:  Do Texas Med-Mal Damages Caps Work? (What Do You Mean By "Work"?) (Turkewitz)
  • Two pending bills in U.S. Senate would give state attorneys general the authority to file suits to enforce specified federal laws.  (Point of Law)

Trials, Settlements & Other Ends

Appeals

  • United States Court of Appeals for the D.C. Circuit tosses defamation case against Rep. Murtha on immunity grounds. (Turley, San Diego Union Trib)
  • Illinois Supreme Court reverses "Lipke" rule, and holds evidence of plaintiff's exposure to other asbestos products is admissible.  (Download Nolan v. Weil-McLain) (pdf)

Miscellaneous

  • Wall Street Journal Op-Ed on "pay-to-sue" lobbying.  (WSJ)
  • NACA guidelines for settling class actions published in FRD. (CL&P)
  • Beck & Herrmann update their 50 state survey on medical monitoring claims.  (Drug & Device)

Thanks to Mark Behrens and my student John Harloe for material this week. 

--SBS

April 17, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, April 10, 2009

Personal Injury Roundup No. 31 (4/10/09)

Spring has sprung, more or less, in New England (though there were some snowflakes on Wednesday).  Those of you in places where it's been definitively spring for longer can just sit on your hands and refrain from making fun.

Reform, Legislation, Policy

  • Oregon looks like it's raising caps on damages against the state [Bend Weekly
  • Man, Sheila and Chris did a heck of a job covering the Restatement (Third) Conference.  Wow.  [TortsProf]
  • Off-label prescriptions [Mass Tort Litigation Prof Blog]
  • Too much CPSIA stuff to summarize here; as usual, Walter Olson is definitive in coverage (even if you disagree with his views) [Overlawyered]

New Lawsuits

  • MDL sought for "burning bra" lawsuit against Victoria's Secret [NY Daily News]
  • Fourth lawsuit against Blackwater for civilian deaths in Iraq [LA Times]

Trials, Settlements & Other Ends

  • "Douchebag" defamation suit voluntarily dismissed after earlier one involuntarily dismissed [Smoking Gun
  • Interesting third-party duty issue: the Sixth Circuit permitted a case to go forward against a hospital for releasing a man who killed his ex-wife [AP]
  • West Virginia hears appeal of $381M verdict against DuPont [Legal News Line]

Appeals

  •  $42.5M judgment upheld against Wackenhut in private prison death [Houston Chronicle]

Miscellaneous

  • Who is that reasonable person?  Larry Solum knows.  [Legal Theory Blog]
  • I'm still pretty proud about WNEC's national championship at the Products Liability Moot Court Competition, but I won't post about it any more.  After this.  [TortsProf
  • Sperm as defective product [Turley]

--BC

April 10, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, March 27, 2009

Personal Injury Roundup No. 30 (3/27/09)


Reform, Legislation, Policy

  • In 2006, the UK passed a compensation act that included a provision to allow defendants to make apologies.  Prue E. Vines (University of New South Wales) writes about its effects in a new article.  (Via Solum/Legal Theory Blog
  • WV Senate passes a bill clarifying that pharmacists and pharmacies are health care providers for purposes of last year's medical malpractice reforms.  (WV MetroNews)
  • On Tuesday, the family of a Marine who died of cancer undiagnosed despite several military medical examinations testified before the House Judiciary Subcommittee on Commercial and Administrative Law.  The family seeks a law to overturn the Supreme Court's Feres decision, which bars claims against the federal government by members of the armed forces for injuries arising out of their military service.  (Kansas City InfoZine)

Trials, Settlements & Other Ends

  • Golfer John Daly has his defamation case against a Florida newspaper dismissed at the summary judgment stage; the newspaper may seek the cost of defense.  (ABA Journal)
  • Some post-Wyeth v. Levine claims are still preempted by FDA approval rules Judge Solomon Olivier, Jr. of the federal district court in Cleveland.  (Krauss/Point of Law)
  • Final Big Dig civil settlements (Legal News Line)

Appeals

  • John Hochfelder discusses the variability of negligence trials as an appellate court upholds the $22,000 verdict of a trial court; the first time the case was tried the award was $575,000.  (New York Injury Cases Blog)

Miscellaneous

--CJR

March 27, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, March 20, 2009

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

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

March 20, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, March 13, 2009

Personal Injury Roundup No. 28 (3/13/09)

Last week was Chris's spring break edition of the Roundup.  This week it's mine; I am, depending on when you read this, either en route or at South by Southwest in Austin, Texas.  Any central Texas readers who want to get together, send an e-mail.

Reform, Legislation, Policy

New Lawsuits

  • Suit filed in Denver crash (9news.com)
  • Suit seeks to force disclosure of cleaning product ingredients (NYT blog)

Trials, Settlements & Other Ends

Appeals

  • Liptak on Levine v. Wyeth (NYT)

Miscellaneous

--BC

March 13, 2009 in Roundup | Permalink | Comments (0) | TrackBack (1)

Friday, March 6, 2009

Personal Injury Roundup No. 27 (3/6/09)

Here is the Spring Break edition of the Roundup.  Notice it's shorter than usual.

Reform, Legislation, Policy

  • Hawaii's House Judiciary Committee approved a bill on Tuesday that could lead to caps on noneconomic damages in med mal claims against doctors in five specialties.  (Honolulu Advertiser)
  • Utah Senate gives initial passage to a bill raising the burden of proof in emergency room med mal cases to "clear and convincing" evidence.  (Salt Lake Tribune)  Arizona has attempted to pass this legislation several times.  I commented on it in this post.
  • Oklahoma House passes a tort reform bill that would, among other things, cap noneconomic damages at $300,000.  The bill moves on to the Senate.  The Governor has not yet weighed in.  (NewsOK)
  • Physicians rally in Albany for decreased med mal insurance premiums and the ability to collectively bargain with insurers.  (Times Union)

New Lawsuits

  • The Massachusetts AG's office has criminally charged a man for insurance fraud.  After legitimately breaking a tooth while eating in a restaurant, the man has collected approximately $36,000 for repeatedly making the same claim at different restaurants.  (ABA Journal)

Trials, Settlements & Other Ends

  • Chesapeake, VA settles a wrongful death case of a man hit by an animal control truck for $275,000.  (VLW Blog)
  • 9/11 settlements approved (WSJ Law Blog)

Appeals

Miscellaneous

  • Although in the intellectual property context, there is a podcast available here that features a punitive damages panel including Cathy Sharkey (NYU), Thomas Colby (GW), and Dan Markel (FSU).  (Via Solove/Co-Op)

--CJR

March 6, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, February 27, 2009

Personal Injury Roundup No. 26 (2/27/09)

On this day in 1922, the Supreme Court upheld the 19th Amendment to the Constitution guaranteeing the right of women to vote.   Now on to this week in torts...

Reform, Legislation, Policy

  • Mandatory country-of-origin food labeling requirements will go into effect March 16th. (Progressive Grocer)
  • NY Court of Appeals urges legislative reform on insurance issues.  (Eric Turkewitz)
  • FDA meets with Dartmouth researchers about "drug fact boxes" (akin to the nutritional boxes on food products).  (NY Times)
  • White House moves forward on health reform.  (TortsProf, Politico, Politico II, CNN, Reuters)
  • New Mexico Senate rejects bill that would have required drug companies to report gifts that they give to health providers.  (Forbes/AP)
  • FDA consolidates operations at former Navy site in White Oak, Maryland.  (NY Times)

New Lawsuits

  • Four passengers injured in the Continental crash last December (where the plane veered off the runway into the ravine) have sued Boeing.  At least 8 other passengers already have suits against Continental.  (AP)
  • The woman injured in Morgan Freeman's car accident last August announced her intent to sue the actor.  (TMZ)
  • Three New Jersey women sue dentist who referred them to an oral surgeon who allegedly groped them as they recovered from surgery.  (They'd already sued the surgeon).  (Star Ledger)

Trials, Settlements & Other Ends

  • Strange things in Illinois - a settlement of $2.5 million in a suit against a homeowner who did not buy alcohol or even know that plaintiff was drinking in her home.  (Jonathan Turley)
  • California woman who was unknowingly infected with herpes wins $4 million compensatory damages, $2.75 million punitive damages, and a BMW.  (ABA Journal, Jonathan Turley)

Appeals

Miscellaneous

--SBS

February 27, 2009 in Roundup | Permalink | Comments (0) | TrackBack (0)