Mealey's Personal Injury

  • May 14, 2024

    Illinois Federal Judge Won’t Revisit Her Ruling That Causation Experts Are Out

    CHICAGO — An Illinois federal judge on May 13 denied a woman’s request that the judge reconsider her ruling that causation experts in a suit against Home Depot for injuries sustained in a store are inadmissible under Federal Rule of Evidence 702 because the experts were unaware of the woman’s “highly salient medical history prior to issuing their causation opinions.”

  • May 13, 2024

    High Court Declines To Review 9th Circuit COVID-Related Qualified Immunity Rulings

    WASHINGTON, D.C. — The U.S. Supreme Court on May 13 declined to review three panel opinions from the Ninth Circuit U.S. Court of Appeals affirming federal court decisions denying state prison officials qualified immunity for their conduct in responding to the COVID-19 pandemic after 26 inmates and a prison employee died from COVID-19 and also denied a conditional certiorari petition filed by representatives of some of the inmates and the employee.

  • May 13, 2024

    Judgment Issued In $2.5M Verdict Against Florida Care Home Over Fall Risk Injuries

    MIAMI — A Florida state court judge issued a final judgment the day after a jury returned a $2.5 million verdict against a nursing home accused of negligence in failing to implement a care plan for a former resident who fell and incurred facial and head injuries.

  • May 08, 2024

    Maritime Injury Expert’s Background Doesn’t Match Testimony, Judge Rules

    NEW ORLEANS — An expert retained by a man who alleges that he was injured while aboard a 225-foot offshore supply vessel cannot testify because his expertise in mechanical engineering is unrelated to the opinions he is offering in this case.

  • May 08, 2024

    Judge Denies Remand, Says Party Improperly Joined In Fracking Injury Case

    LAREDO, Texas — A federal judge in Texas has denied a man’s attempt to remand his hydraulic fracturing injury lawsuit to Texas state court and denied his request to amend his complaint and seek attorney fees, ruling that a “minor defect” in the removal of the case to federal court does not support remand and that because removal was proper, the request for attorney fees fails.

  • May 07, 2024

    Justice Dismisses COVID Death Suit Against Care Home, Cites Health Law Immunity

    BROOKLYN, N.Y. — A New York state court justice dismissed a negligence and wrongful death suit filed against a nursing home by the estate of a former resident who died from COVID-19, finding that the New York state Legislature intended the repeal of a liability-limiting statute for health care providers during the COVID-19 pandemic to be prospective rather than retroactive.

  • May 03, 2024

    Discovery Sought In Abuse Suit Against Care Home Over Demeaning Snapchat Videos

    LEWISBURG, Pa. — The attorney-in-fact for a resident of a personal care home moved a Pennsylvania state court to compel discovery in a negligence suit against the care home, related entities, administrators and staff, alleging that the care-dependent resident incurred abuse when staff purportedly posed the resident and took photos and videos of her that were uploaded to Snapchat “for no legitimate reason other than to demean” her.

  • May 03, 2024

    Personal Injury Suit Moves Forward After Judge Finds Expert Witness Admissible

    NEWARK, N.J. — A New Jersey federal judge denied a motion for summary judgment and found that an expert retained by the estate of a man who died after his lawnmower overturned and caught on fire can testify in the personal injury suit against the manufacturer of the machine.

  • April 29, 2024

    9th Circuit Panel Affirms $1.73M Injury Award Against Boom Lift Manufacturer

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals affirmed a judgment of an Oregon federal court denying a company’s motion for judgment as a matter of law after a jury awarded $1,731,308.80 to a worker who was injured while using the company’s equipment, finding that the trial court did not abuse its discretion in admitting expert testimony or err in the giving of jury instructions and that a rational jury could find that the accident occurred as described by the worker’s experts.

  • April 26, 2024

    Widow Sues Lockheed Martin For Husband’s Death From Toxins At Weapons Plant

    ORLANDO, Fla. — A widow has sued Lockheed Martin Corp. in Florida federal court arguing that it is liable for her husband’s wrongful death from “dangerous and reckless mismanagement of extremely hazardous toxins, including but not limited to, heavy metals, persistent environmental pollutants, and volatile organic compounds” (VOCs) at a weapons manufacturing facility.

  • April 25, 2024

    Expert In Mail Truck Injury Case Can Testify, Federal Magistrate Judge Finds

    SPRINGFIELD, Mo. — A federal magistrate judge in Missouri said the government’s objections to an expert retained by a man injured in a collision with a mail truck go to the expert’s credibility and not his admissibility.

  • April 24, 2024

    $12.25M Settlement Approved In Neighborhood Class’s Case Over Smokestack Demolition

    CHICAGO — A federal magistrate judge in Illinois granted final approval of a $12.25 million settlement between the companies that caused a smokestack to be demolished at a coal power plant in a Chicago neighborhood and a class of residents in that neighborhood who alleged that they were exposed to a “plume of toxic debris and particulate matter” as a result of the demolition, causing breathing issues.

  • April 24, 2024

    Md. Appeals Court Finds No Error In Excluding Medical Experts In Malpractice Suit

    BALTIMORE — A Maryland appeals court found no abuse of discretion in a trial court excluding two experts in a medical malpractice lawsuit after finding that their testimony changed between their depositions and their testimony during a hearing to determine their admissibility under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • April 23, 2024

    Panel Remands Negligence Suit Against ‘Misclassified’ Assisted Living Facility

    CINCINNATI — An Ohio appellate court reversed in part and remanded a breach of contract and negligence suit filed against an assisted living facility by a former resident, finding that the trial court “erred as a matter of law” when it “misclassified” the facility as a residential care facility and granted summary judgment to the facility on a resident’s claim for violations of a nursing home resident’s rights.

  • April 23, 2024

    Treating Physician Cannot Testify On Injury Causation In Crash Case, Judge Rules

    DETROIT — Because a treating physician “did not independently determine the cause of” a woman’s injuries, “he is not qualified to offer an opinion on the same,” a Michigan federal judge ruled, granting a motion to exclude filed by the U.S. government in a personal injury suit.

  • April 22, 2024

    Panel: Arbitration Provision Is Not Enforceable As Signed By Health Care Surrogate

    TAMPA, Fla. — A Florida appellate court on April 19 reversed and remanded a lower court’s order compelling arbitration in a negligence and wrongful death suit filed against a nursing home, finding that because the person signing the admission agreement on behalf of the deceased former resident signed as her health care surrogate (HCS) rather than her attorney-in-fact, the admission agreement’s arbitration provision is not enforceable.

  • April 22, 2024

    Supreme Court Will Address Whether ‘Ghost Gun’ Parts Are Subject To Gun Control Act

    WASHINGTON, D.C. — The U.S. Supreme Court on April 22 granted the federal government’s petition for a writ of certiorari seeking review of a Fifth Circuit U.S. Court of Appeals ruling invalidating a rule promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that broadened the definition of “firearm” to include parts of “ghost guns,” which can be assembled into weapons but, before the rule, were considered by some manufacturers to not require serial numbers or a firearms background check before sale.

  • April 22, 2024

    Expert Can Offer Medical Causation Testimony, New York Federal Judge Says

    BROOKLYN, N.Y. — A biomechanical engineer can opine on medical causation in a crash suit because he has adequate medical training, a New York federal magistrate judge ruled, rejecting a motion to exclude filed by a man who claims that he was injured in the crash.

  • April 22, 2024

    11th Circuit Affirms Denial Of Cruise Worker’s Petition To Vacate Award

    MIAMI — An 11th Circuit U.S. Court of Appeals panel affirmed the denial of a cruise worker’s petition to vacate an arbitral award rejecting his claims against his employer for negligence in connection with a sound speaker falling onto his foot, holding that the trial court lacked the power to vacate the award as it is not the primary jurisdiction in which the award was issued.

  • April 19, 2024

    Arizona Federal Judge: Expert Out In Design Defect Case Against Gun Manufacturer

    PHOENIX — Testimony by an expert retained by a man who alleges that his handgun accidentally discharged due to a design defect is inadmissible, an Arizona federal judge ruled, finding that his conclusions are unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • April 18, 2024

    High Court Won’t Address Whether Habeas Is Proper For COVID-Related Prison Release

    WASHINGTON, D.C. — The U.S. Supreme Court denied the petition for writ of certiorari of a prison inmate seeking the review of a decision of the Ninth Circuit U.S. Court of Appeals affirming a California federal court’s ruling that it did not have jurisdiction to hear the inmate’s habeas corpus petition alleging that conditions in the prison caused by COVID-19 rendered his custody to be unlawful.

  • April 18, 2024

    Pa. Federal Judge Limits Testimony From Expert In Broken Window Injury Case

    WILLIAMSPORT, Pa. — An expert retained by a man who was injured while installing a window air conditioning unit may testify, but a Pennsylvania federal judge partially granted a motion to exclude and barred testimony that he ruled does not require a specific expertise.

  • April 17, 2024

    Engineering Firm Says It Owes Flint Bellwether III Plaintiffs No Duty Of Care

    ANN ARBOR, Mich. — An engineering firm that is a defendant in the litigation over the lead-contaminated water crisis in Flint, Mich., has filed a brief in Michigan federal court arguing that the court should grant the firm summary judgment on the professional negligence claims brought by a group known as the Bellwether III plaintiffs because the firm says it did not owe them a duty of care as a matter of law.

  • April 17, 2024

    Woman’s Experts In Pressure Cooker Explosion Case Admissible, Judge Says

    LITTLE ROCK, Ark. — Experts on what caused a pressure cooker lid to suddenly explode can testify in a personal injury suit, an Arkansas federal judge ruled, denying the manufacturer’s motion to exclude.

  • April 15, 2024

    John Crane Says Evidence Falls Short In $1.75M Asbestos Verdict

    SPARTANBURG, S.C. — The encapsulated asbestos in gaskets and packing could not have caused a man’s fatal exposure to asbestos, but even if they did, there is no evidence that a warning would have prevented it, and the lack of action by the worker, his employers and related premises owners are all superseding causes, John Crane Inc. told a South Carolina judge in a motion for judgment notwithstanding the verdict after a $1.75 million verdict.