Mealey's Personal Injury

  • November 27, 2023

    Golf Course Is Arm Of Tribe, Entitled To Tribal Immunity, Washington Panel Finds

    SEATTLE — A company that owns and operates a golf course is entitled to sovereign immunity from a personal injury suit brought by a man who was injured on the course because the company is an arm of the Swinomish Indian Tribal Community, a Washington panel found in affirming a trial court’s judgment dismissing the case.

  • November 21, 2023

    Jury Awards More Than $165M Against Monsanto For PCB Injuries At Seattle School

    SEATTLE — A Washington state jury on Nov. 20 awarded a combined total of $165,082,000 in compensatory and punitive damages to former teachers and staff at a Seattle area school for injuries stemming from exposure to polychlorinated biphenyls (PCBs), finding that Pharmacia LLC, a successor to Monsanto Co., was negligent when it supplied a product that was not safe and that Monsanto misrepresented facts about the dangers of PCBs.

  • November 17, 2023

    Michigan Court Partially Reverses Expert Exclusion Ruling On Interlocutory Appeal

    TROY, Mich. — An expert who is not board-certified in surgical critical care cannot opine on whether doctors who are board-certified breached the applicable standard of care, a Michigan appeals court ruled in an interlocutory appeal, partially reversing a trial court’s ruling in a wrongful death medical malpractice case.

  • November 17, 2023

    5th Circuit Says No Error In Expert Testimony, Upholds $5M Verdict For Crash

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals affirmed a $5 million verdict for a woman and her brother who were injured in a car crash and allege that a Honda vehicle design defect was at fault, finding that the expert witnesses were properly admitted and rejecting other points on appeal.

  • November 17, 2023

    Pipe Maker Awarded $8.8M Asbestos Verdict Disputes Tainted Jury Narrative

    LOS ANGELES — The fact that the jury unanimously voted against imposing punitive damages demonstrates that there was no “serious . . . misconduct” tainting jurors who eventually awarded a nearly $9 million asbestos verdict, a couple argues in California trial court briefs opposing motions for new trial and judgment notwithstanding the verdict (JNOV).

  • November 17, 2023

    Panel Upholds $3.3M Judgment Against Philip Morris For Smoker’s Death From COPD

    MIAMI — A Florida appellate panel on Nov. 15 affirmed a trial court’s entry of a $3.3 million judgment in favor of a Cuban immigrant’s estate against a tobacco company that a jury previously found liable for hooking him on cigarettes and causing his death from chronic obstructive pulmonary disease (COPD), finding that the trial court did not err by denying the company’s pretrial motion for summary judgment.

  • November 15, 2023

    Magistrate Recommends Not Striking Expert Reports In Care Home Negligence Suit

    GREENSBORO, N.C. — A North Carolina federal magistrate judge on Nov. 14 recommended denying a skilled nursing facility’s summary judgment motion and motion to strike expert witness reports in a negligence suit against the facility by the estate of a former resident, finding that the estate has shown that failure to comply with the expert disclosure deadline was harmless and there is no basis for summary judgment without excluding the expert reports.

  • November 15, 2023

    Final Approval Of JP Morgan’s $290M Settlement Granted In Epstein Sex Crimes Case

    NEW YORK — A federal judge in New York granted final approval of a $290 million settlement to be paid by JPMorgan Chase Bank N.A. (JPMC) in a lawsuit by a class of women allegedly abused or trafficked by Jeffrey Epstein who accuse JPMC of being liable for facilitating those crimes by maintaining Epstein’s accounts and awarded class counsel 30% of the settlement amount and expenses of more than $1 million.

  • November 14, 2023

    Judge Allows Expert’s Testimony, Denies Summary Judgment In Fatal Rollover Case

    MILWAUKEE — A Wisconsin federal magistrate judge denied a motion to exclude an engineering expert retained by the estate of a man killed when a Caterpillar Inc. dump truck rolled over, finding that his testimony meets the requirements of Daubert v. Merrell Dow Pharmaceuticals Inc. and the manufacturer’s objections can be addressed through cross-examination.

  • November 14, 2023

    5th Circuit Panel Upholds Lower Court Invalidation Of ATF Ghost Gun Parts Ban

    NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals affirmed a decision of a Texas federal court finding unlawful 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 not required to have serial numbers and could be obtained without a firearms background check.

  • November 10, 2023

    $500,000 Verdict Returned For Bellwether Plaintiff In Hernia Mesh Case

    COLUMBUS, Ohio — A jury in an Ohio federal court has awarded $500,000 to a man who alleges that he suffered permanent injuries and significant pain and suffering when the hernia mesh used during surgery failed.

  • November 09, 2023

    Ankle Monitoring Device Maker Moves To Dismiss Claims Alleging Injuries To Skin

    DENVER — The manufacturer of an ankle monitoring device moved to dismiss a putative class complaint alleging that the device caused skin injuries, arguing that the laws of the state in which the arrest occurred should apply and that the plaintiff fails to state a claim.

  • November 08, 2023

    Settlement Reached In Coverage Row With Care Home, Insurer, Ancillary Care Company

    ASHEVILLE, N.C. — A nursing home and an ancillary care company and its insurer on Nov. 7 filed a stipulation of dismissal in North Carolina federal court advising that they settled the nursing home’s breach of contract suit against the company and insurer seeking to have them indemnify and defend the nursing home in an underlying arbitration proceeding related to the death of a former resident.

  • November 07, 2023

    Split Panel Affirms Judgment For Senior Living Facility In Premises Liability Case

    ATLANTA — A split Georgia appellate court panel affirmed a lower court’s grant of summary judgment to an assisted living facility in a premises liability suit against it after a resident’s fall led to his death, finding that because the crack in the pavement where the man tripped “was a commonly occurring open and obvious static condition,” the facility lacked the superior knowledge necessary to prove premises liability.

  • November 07, 2023

    Man Alleging Injury Through CoolSculpting Appeals To U.S. Supreme Court

    WASHINGTON, D.C. — CoolSculpting manufacturer Zeltiq Aesthetics Inc. on Nov. 6 waived its right to file a response to a petition for a writ of certiorari filed by a man who argues that an appellate court erred in granting the company summary judgment after finding that he was warned about the risk of paradoxical adipose hyperplasia (PAH) and that his claim fails under the risk-utility or consumer expectations tests.

  • November 07, 2023

    Pennsylvania High Court To Review Disease Act Exclusivity In Asbestos Case

    HARRISBURG, Pa. — The Pennsylvania Supreme Court granted a petition and agreed to decide whether under the state’s Occupational Disease Act, a man’s asbestos-related injury case properly belongs before a trial court or the state’s workers’ compensation system.

  • November 03, 2023

    Judge: 1 Claim Remains, Some Expert Testimony Allowed In Cruise Injury Case

    MIAMI — A Florida federal judge partially dismissed a lawsuit against a cruise liner company filed by a woman who claims to have been injured in her stateroom and partially granted its motion to exclude certain experts from testifying.

  • November 02, 2023

    Del. Court Denies Dismissal, Says Claims Against Rehab Don’t Fall Under PREP Act

    NEW CASTLE, Del. — A Delaware state court denied dismissal to a skilled nursing and rehabilitation facility in a wrongful death and negligence suit against it filed by the daughter of a woman who died after purportedly contracting COVID-19 at the facility, finding that the complaint was timely filed and that the Public Readiness and Emergency Preparedness Act (PREP Act) does not provide immunity for the claims against the facility.

  • November 02, 2023

    Flint Class Plaintiffs Propose $8M Settlement With Engineering Firm

    ANN ARBOR, Mich. — The class plaintiffs in the Flint water crisis litigation have moved in Michigan federal court for preliminary approval of an $8 million settlement with one of the firms that provided engineering and consulting services to the city of Flint.

  • November 02, 2023

    California High Court Rejects Asbestos-Talc Experts Ruling Case

    SACRAMENTO, Calif. — The California Supreme Court on Nov. 1 denied Johnson & Johnson’s petition for review asking the court to decide the standard applied to evidentiary rulings, the admission of nonwitness expert opinions and how courts should evaluate cases alleging exposure to asbestos in products not designed to contain asbestos.

  • November 01, 2023

    Judge: Pilot Can’t Opine On Air Traffic Controller Standards In Crash Suit

    HONOLULU — A Hawaii federal judge on Oct. 31 granted a motion by the United States to limit the testimony of an expert retained in a wrongful death case, finding that the pilot who was retained to opine on what caused a helicopter to crash does not have the requisite experience as an air traffic controller to offer his opinions.

  • October 31, 2023

    Split 3rd Circuit: No Jurisdiction Over NFL Injury 3rd-Party Payments Dispute

    PHILADELPHIA — A trial court’s denial of a lawsuit loan company’s motion to amend rules regarding the payment of claims involving third-party funders after a National Football League concussion injury class settlement was “not a ‘final decision’” that may be reviewed, a divided Third Circuit U.S. Court of Appeals panel ruled, dismissing the company’s appeal.

  • October 27, 2023

    Panel Says Son Agreed To Arbitrate Individual Claims In Care Home Negligence Suit

    LOS ANGELES — A California appellate court affirmed in part a lower court order denying a nursing home’s motion to compel arbitration in a reckless neglect suit against it regarding the death of a former resident but reversed the denial of a motion to compel arbitration of individual claims filed by a son who signed the arbitration agreement, finding that though the son lacked authority to sign on his father’s behalf, by signing in his individual capacity the son agreed to arbitrate “certain nonrepresentative claims.”

  • October 25, 2023

    Kentucky Appeals Court:  Experts In Elder Negligence Care Case Properly Excluded

    LOUISVILLE, Ky. — Experts retained by a family that sued their mother’s care facility for negligence were unqualified to opine on the standard of care or medical causation, a Kentucky appeals court found, ruling that summary judgment for the facility was appropriate.

  • October 19, 2023

    Asbestos Talc Debtor’s Settlement With Truck Driver OK’d By Bankruptcy Judge

    WILMINGTON, Del. — A Delaware federal bankruptcy judge approved an $85,000 settlement that an affiliate co-debtor of talc mining company Cyprus Mines Corp. and talc supplier Imerys Talc America Inc. agreed to pay to a truck driver in Vermont who was injured in a slip-and-fall accident.

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