Mealey's Personal Injury

  • July 19, 2024

    Judge: Expert Testimony That Injuries Related To Crash Unsupported By Evidence

    NEWARK, N.J. — An expert who opined that it is possible that a man suffered a stroke as a result of injuries he received during a tractor-trailer collision cannot testify because his conclusions do not meet to the standards set under Federal Rule of Evidence 702, Fed. R. Evid. 702, and Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), a New Jersey federal judge ruled July 18.

  • July 19, 2024

    Judge Allows Competing Medical, Use Of Force Experts In Case Filed By Inmate

    SAN FRANCISCO — A federal judge ruled on competing motions to exclude medical and excessive force experts in a lawsuit filed by a man who alleges that he was injured while an inmate at a California state prison.

  • July 16, 2024

    Judge Allows Expert To Opine If Speed Of Crash Supports Alleged Injuries

    OMAHA, Neb. — A Nebraska federal judge on July 15 denied a couple’s motion to exclude testimony from an expert opining on the speed, impact, energy and severity of a collision, finding that the arguments for exclusion go to weight, not admissibility.

  • July 15, 2024

    Dollar General To Pay $12M, Make Nationwide Safety Investments Under DOL Pact

    WASHINGTON, D.C. — Dollar General Corp. and its retail subsidiaries will pay $12 million in penalties and make safety changes as part of its corporate-wide settlement presented to the U.S. Occupational Safety and Health Review Commission (OSHRC).

  • July 15, 2024

    Connecticut Court Hears Arguments On CDA Immunity In Snapchat Assault Suit

    WATERBURY, Conn. — Snap Inc., which operates the Snapchat social network, squared off in Connecticut court against the parents of a minor who was sexually assaulted by two men that she met through the platform, with the social media company asserting that it is immune from liability for the rapists’ actions under Section 230 of the Communications Decency Act (CDA).

  • July 11, 2024

    Magistrate Judge OK’s Expert Testimony In Case Alleging Death Stemmed From Crash

    WEST PALM BEACH, Fla. — A federal magistrate judge in Florida agreed to limit certain opinions offered by a medical examiner in a wrongful death suit stemming from an overdose of opioid medication but found that his other testimony is admissible and further ruled that a rebuttal witness can testify on possible causes of a woman’s injuries.

  • July 11, 2024

    Pleadings Of Passenger Injured In Jet Ski Accident Survive Challenge By Cruise Line

    MIAMI — In an action by a cruise line seeking exoneration from or limitation of liability for an accident involving two of its passengers riding jet skis supplied by it, a Florida federal court denied the cruise line’s motion to dismiss the statement of claims of one of the passengers and to strike her affirmative defenses to the petition.

  • July 11, 2024

    Care Facility, Owner Seek High Court Review Of Ruling Affirming Arbitration Denial

    WASHINGTON, D.C. — A California skilled nursing facility and its owner/operator filed a petition for a writ of certiorari in the U.S. Supreme Court seeking review of a California Supreme Court ruling affirming the denial of their efforts to compel arbitration of an elder abuse and negligence suit filed against the petitioners related to a former resident’s fall and injuries.

  • July 10, 2024

    Tobacco Company Not Liable For Smoker’s Laryngeal Cancer Death, Jury Says

    MIAMI — A Miami-Dade County, Fla., 11th Judicial Circuit Court jury issued a verdict awarding no damages and finding a tobacco company not liable for claims that it defectively designed Virginia Slims cigarettes and caused a smoker’s death from laryngeal cancer. VIDEO FROM THE TRIAL IS AVAILABLE.

  • July 09, 2024

    Court Deputy Files Scheduling Order In Malpractice Suit Against Rehab Home

    LITTLE ROCK, Ark. — At the direction of an Arkansas federal court clerk, a courtroom deputy filed an order outlining deadlines for discovery and a proposed trial date in a man’s medical malpractice suit against the nursing and rehabilitation center he alleges failed to provide him with the appropriate standard of care for his pressure ulcers, leading to infection and colostomy surgery.

  • July 09, 2024

    Ohio Panel Reverses Judgment For Care Home, Finds Fact Questions Remain For Jury

    CANTON, Ohio — An Ohio appellate court on July 8 reversed and remanded a lower court’s ruling that granted summary judgment to a nursing home in a wrongful death and negligence suit against it, finding that questions of fact remain for a jury regarding whether “proper monitoring” of a former resident’s urinary tract infection (UTI) would have prevented her death from sepsis.

  • July 09, 2024

    Smoker’s Estate Opposes Florida High Court Review Of Engle Residency Requirements

    TALLAHASSEE, Fla. — A smoker’s estate argues in an answer brief that the Florida Supreme Court should not review an appellate panel’s opinion affirming a $2.5 million verdict against two tobacco companies for the smoker’s death from lung cancer, writing that the panel’s holding that she was an Engle member despite also residing in New York does not conflict with any other case.

  • July 05, 2024

    Causation Expert Found Unreliable By Wash. Federal Judge In Slip-And-Fall Suit

    SEATTLE — Because a woman’s causation expert “is not an expert in analyzing surveillance video,” she cannot testify in a slip-and-fall lawsuit because her opinion on the exact moment a woman’s knee hit the ground is not reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., a Washington federal judge held.

  • July 05, 2024

    Texas Appeals Court: Biomechanical Engineer Testimony Properly Excluded

    DALLAS — While Texas courts do allow biomechanical engineers to offer expert testimony in car accident cases, a trial court did not err in excluding an expert who did not offer any evidence that the injuries allegedly sustained in a crash were inconsistent with the physical forces created in the collision, a state appeals court ruled in affirming a $700,000 verdict.

  • July 03, 2024

    Judge Approves Death Settlement Against Care Home, Apportions Distributions

    ST. LOUIS — A Missouri federal judge on July 2 approved a confidential settlement agreement in a wrongful death suit filed by a decedent’s daughter against a nursing home, finding “that the balance of interests in this case favors” keeping the settlement terms confidential and that the daughter’s proposed apportionment to all three of the decedent’s children “is just and fair.”

  • July 03, 2024

    Death Suit Against Memory Care Facility Assigned To Magistrate For Mediation

    JEFFERSON CITY, Mo. — A Missouri federal magistrate judge on July 2 was assigned to alternative dispute resolution (ADR) through a notice of inclusion in a mediation program in a wrongful death suit filed the previous day against a memory care facility and a related entity asserting that the defendants acted negligently in failing to implement safety procedures and provide adequate staffing to prevent a former’s resident’s “avoidable” fall, which purportedly led to his death.

  • June 28, 2024

    High Court Overrules Chevron Deference, Changes Standard For Regulatory Review

    WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.

  • June 28, 2024

    N.J. Jury Awards $600K To Estate In Wrongful Death Suit Over Improper Restraint

    NEW BRUNSWICK, N.J.  — A New Jersey state court jury returned a $600,000 verdict against a behavioral health facility and its employees related to the death of a patient who incurred blunt force trauma to his head and spine when he was improperly restrained, attributing 35% fault to the mental health technician who restrained the decedent and 65% fault to his supervisor.

  • June 27, 2024

    Federal Judge: Both Parties’ Causation Experts Are Out In Boating Injury Case

    NEW ORLEANS — Reports by dueling experts who offer opposite opinions on who is at fault for a boating accident “are deficient in identical ways,” a Louisiana federal judge ruled, granting both parties’ motions to exclude.

  • June 27, 2024

    Deputies, Man Settle Excessive Force Claims After Judge Allows Expert Testimony

    NEW ORLEANS — A Louisiana federal judge ordered that a case alleging excessive force by police be dismissed after being told that the parties had reached an agreement two days after ruling that an expert retained by the defendants could testify that the police deputies acted in accordance with policing standards and protocols.

  • June 26, 2024

    Utah Appeals Court Orders New Trial After Finding Expert Wrongly Excluded

    SALT LAKE CITY — An expert retained by a woman in a medical negligence suit in a Utah state court was wrongly excluded from offering an opinion on causation, a state appeals court ruled, reversing a grant of judgment as a matter of law and remanding for a new trial.

  • June 21, 2024

    Experts Can Testify In Car Accident Case; Arguments ‘Fodder For Cross-Examination’

    ALBUQUERQUE, N.M. — An expert’s failure to consider certain data is not grounds for exclusion but “best presented on cross-examination and resolved by a jury,” a federal magistrate judge in New Mexico ruled, denying a motion to exclude filed in a case stemming from injuries from a car accident. 

  • June 14, 2024

    Norfolk Southern: Third-Party Defendant’s Bid To Seal Is ‘Misleading On The Facts’

    YOUNGSTOWN, Ohio — Norfolk Southern Railway Co. and Norfolk Southern Corp. (Norfolk Southern, collectively) filed a brief in Ohio federal court arguing that it should deny a motion to seal expert reports filed by a third-party defendant in the litigation stemming from alleged injuries from the release of toxic chemicals at the 2023 train derailment in East Palestine, Ohio, arguing that the motion to seal is “misleading on the facts.”

  • June 14, 2024

    Panel: Lower Court Wrongly Found Arbitration Binding In Suit Against Care Home

    CLEVELAND — An Ohio appellate court on June 13 reversed and remanded a lower court’s ruling that found an arbitration agreement binding for a survivorship claim in a suit filed against a nursing home by the administrator of the estate of a former resident, finding that the lower court erred in requiring arbitration of the claim because the administrator lacked authority to enter into the arbitration agreement.

  • June 14, 2024

    Florida Jury Awards $16M To Dead Smoker’s Widow And Son

    MIAMI — A Florida state court jury in a June 13 Phase 2 verdict awarded $10 million in punitive damages against a tobacco company, which will be added to its previous compensatory damages award of $6 million, for causing a smoker’s addiction to nicotine and death from lung cancer. VIDEO FROM THE TRIAL IS AVAILABLE.