Mealey's Personal Injury

  • October 17, 2023

    Panel:  Signing Arbitration Agreement Not Health Care Decision In Care Home Suit

    FRANKFORT, Ky. — A Kentucky appellate court affirmed a lower court’s order denying a nursing home’s motion to compel arbitration in a widow’s negligence suit against it, finding that though signing the mandatory arbitration agreement was necessary for treatment at the nursing home and the widow had the authority under Kentucky law to make health care decisions for her husband, her entering into an arbitration agreement on her husband’s behalf was not a health care decision.

  • October 17, 2023

    Defense Verdict Delivered For Knee Implant Maker In Washington Federal Case

    SEATTLE — A Washington federal jury returned a defense verdict for DePuy Synthes Sales Inc., rejecting claims that the medical device manufacturer negligently designed its knee replacement device or failed to warn users of associated risks.

  • October 17, 2023

    Counsel In Firefighting Foam Settlement Seek More Than $96M In Fees, Costs

    CHARLESTON, S.C. — The class counsel who reached a $1.18 billion settlement related to injury claims stemming from the firefighting agent known as aqueous film forming foam (AFFF), which contains per- and polyfluoroalkyl substances (PFAS), have filed a brief in South Carolina federal court seeking a combined $96,936,213.21 in attorney fees and costs.

  • October 16, 2023

    Supreme Court Grants Certiorari In 2nd Challenge To Chevron Deference

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for a writ of certiorari in a second case challenging the doctrine of Chevron deference and ordered that it be briefed on a schedule allowing argument “in tandem” with a pending case pertaining to the same issue, both of which involve challenges to regulations that require fishing vessels to pay federal monitors.

  • October 16, 2023

    High Court Denies Cert To Nursing Home Seeking Reversal Of COVID Suit Remand

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 16 denied a nursing home’s petition for certiorari seeking to reverse a remand to state court of an elder abuse and negligence suit against it for complications allegedly related to a resident contracting COVID-19 on grounds that the state law negligence claims are preempted by the Public Readiness and Emergency Preparedness (PREP) Act.

  • October 16, 2023

    Accident Reconstruction Expert Met Daubert Standards For Testimony, Judge Says

    VALDOSTA, Ga. — A Georgia federal judge denied a motion to exclude an accident reconstruction expert retained by a man who says he was injured after falling from a utility-boom truck’s bucket.

  • October 11, 2023

    Trailer Owner Sanctioned For Incomplete Discovery In Personal Injury Suit

    DALLAS — Acknowledging the “unusual circumstances” of the counsel for a defendant in a tractor-trailer accident personal injury lawsuit being unable to locate a company representative, a Texas federal magistrate judge ruled that the defendant was still responsible for its failure to provide complete discovery responses despite counsel’s representation of its efforts to comply with the discovery requests.

  • October 10, 2023

    'Visibly Angry’ Juror Caused $8.8M Asbestos Verdict, Pipe Maker Says

    LOS ANGELES — “Serious juror misconduct” by two jurors who interjected their own anger and biases into an asbestos trial and a verdict form that fatally failed to include potentially liable nonparties require a Los Angeles court to grant a new trial, an asbestos pipe manufacturer told the court after a nearly $9 million verdict.

  • October 09, 2023

    Washington Federal Judge Tosses Experts Retained In Slip-And-Fall Case

    SEATTLE — An expert retained by a man who fell inside a Home Depot does not offer any testimony that is beyond the knowledge of a lay juror, and another expert is excluded as a sanction for untimely disclosure, a Washington federal judge ruled.

  • October 09, 2023

    FDA ‘Unsatisfied With The Status Of’ CPAP Device Recall; New Website Launched

    WASHINGTON, D.C. — The U.S. Food and Drug Administration voiced its dissatisfaction with the process for the recall of continuous positive air pressure (CPAP) devices, bi-level positive air pressure (Bi-PAP) devices and ventilators made by Philips Respironics and announced the launch of a new website “to ensure consumers have the latest information on the Philips' recall.”

  • October 09, 2023

    Jury Awards $1M To Estate Of Dead Smoker Who Immigrated From Cuba

    MIAMI — A Florida state court jury awarded $800,000 in compensatory damages and $200,000 in punitive damages to the estate of a Cuban immigrant who died from smoking-related injuries while living in Florida, after an appellate panel reversed and remanded a 2016 defense verdict in which jurors said the decedent was not an Engle member because he was not a citizen or resident of Florida when his cancer manifested.  VIDEO OF THE TRIAL IS AVAILABLE.

  • October 09, 2023

    Hawaii Jury Awards Smoker $14M For Lung Cancer

    HONOLULU — A Hawaii state court jury awarded a smoker $6 million in compensatory damages and $8 million in punitive damages against a tobacco company that she accused lulled into her smoking light and filtered cigarettes believing they were safer and causing her to develop lung cancer.  VIDEO OF THE TRIAL IS AVAILABLE.

  • October 09, 2023

    New Mexico Jury Rejects Smoker’s Estate’s Claims Against Tobacco Company

    SANTA FE, N.M. — A New Mexico state court jury returned a defense verdict after rejecting a smoker’s estate’s claims that a tobacco company was negligent, conspired to conceal the risks of smoking or that the company and a local retailer provided the smoker with a defective product that caused his death in 2021 from starvation and suffocation resulting from surgeries and treatments he received for oral cancer.  VIDEO FROM THE TRIAL IS AVAILABLE.

  • October 05, 2023

    Wrongful Death Suit Filed Against Rehab That Employed Nurse Charged With Homicide

    PITTSBURGH — The son of a former rehabilitation facility resident filed a wrongful death and negligence suit against the facility after a nurse employed there was charged with criminal homicide related to insulin overdose deaths at a facility where she previously worked, asserting, in part, that the rehab facility’s negligent failure to conduct a background check of the nurse led to the resident’s death.

  • October 04, 2023

    New Jersey Court Faults Asbestos-Talc Expert Admissions, Topples $224M Award

    NEW BRUNSWICK, N.J. — Given the apparent defects in expert opinions a trial judge improperly admitted three asbestos experts in a talc case without first holding a hearing on whether their methodologies and opinions were reliable, a New Jersey appeals court said Oct. 3 in reversing a $223.8 million verdict against Johnson & Johnson and remanding for a new trial.

  • October 02, 2023

    9th Circuit Says Navajo Law Does Not Govern Traffic Accident On Federal Highway

    SAN FRANCISCO — Despite the fact that a traffic accident occurred within the boundaries of the Navajo Nation, a Ninth Circuit U.S. Court of Appeals panel found that a district court did not err in dismissing claims raised under Navajo law because the accident occurred on a federal highway, which renders the accident site nontribal land.

  • September 29, 2023

    Ford Stuck With $20M Asbestos Verdict After Court Finds No Error

    ST. LOUIS — None of the nine issues Ford Motor Co. raised in an appeal of a $20 million asbestos verdict demonstrate an error, a Missouri appeals court said in affirming the verdict without a written opinion.

  • September 28, 2023

    Contentious Oral Arguments In Lead Paint Case Focus On Applicability Of Ruling

    CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals heard oral arguments in long-running lead-based paint litigation for personal injuries involving 150 consolidated cases, as plaintiffs’ attorneys argued that a lower court’s ruling holding that they were prevented from bringing their claims for injury was “clear error” while attorneys for the defendants said issue preclusion doctrines apply to all plaintiffs and bind them from pursuing the litigation.

  • September 26, 2023

    Woman’s Claims Against Birth Control Device Companies Survive Motions To Dismiss

    CHICAGO — A woman’s claim that a defective birth control device can detach and migrate through the body on Sept. 25 survived three motions for summary judgment filed by the manufacturer, distributor and parent company of the device in an Illinois federal court.

  • September 26, 2023

    Nevada High Court Affirms Denial Of Rehab’s Motion To Compel Heirs To Arbitration

    CARSON CITY, Nev. — The Nevada Supreme Court affirmed a lower court’s denial of a rehabilitation facility’s motion to compel heirs to arbitration in a wrongful death suit filed against it by a decedent’s estate and his heirs, finding that though the lower court compelled the estate’s claims to arbitration, the decedent lacked the authority “to bind the heirs to arbitration absent their agreement.”

  • September 26, 2023

    Judge:  Plaintiffs’ Expert’s Methodology ‘Well-Supported,’ Opinion Is Admissible

    ANN ARBOR, Mich. — A federal judge in Michigan on Sept. 25 denied defendants’ motion to exclude a plaintiffs expert in the litigation related to the lead-contaminated water crisis in the city of Flint, Mich., ruling that the methodology he used is “well-supported” in that he uses sources upon which other experts have relied in the case and uses data derived from the Michigan Department of Environmental Quality (MDEQ), which included the water lead levels observed during the Flint water crisis.

  • September 26, 2023

    Judge:  Post-Judgment Garnishment Bids Fail In Excessive Force Case

    MUSKOGEE, Okla. — Ruling in part that the Oklahoma doctrine of “reasonable expectations” does not apply and that the relevant coverage agreement is not ambiguous, an Oklahoma federal judge on Sept. 25 ended post-judgment garnishment bids against an insurer and reinsurer in an excessive force case pertaining to a traffic stop.

  • September 25, 2023

    Illinois High Court Affirms Denial Of Care Home’s Motion To Compel Arbitration

    CHICAGO — A unanimous Illinois Supreme Court affirmed an appellate court judgment that affirmed denial of a nursing home’s motion to compel arbitration in a negligence and wrongful death suit filed against it by the daughter of a woman who died there, finding that because the contract for facility admission, which included an arbitration provision, terminated upon the resident’s death, the arbitration provision “was no longer an available option.”

  • September 21, 2023

    Man Appeals Summary Judgment Grant, Expert Exclusion In Gun Design Defect Case

    OKLAHOMA CITY — A man who accidentally shot himself while removing a handgun from its holster filed a notice of appeal to the 10th Circuit U.S. Court of Appeals after a district court granted the gun manufacturer summary judgment and excluded his experts, who opined that the accident could have been prevented if the gun had been equipped with a manual safety.

  • September 20, 2023

    Health Care Provider Loses Bid To Exclude Causation Expert In Deadly Fall Case

    PHOENIX — An Arizona federal judge on Sept. 19 denied a motion for summary judgment after finding that a causation expert retained by the estate of an elderly woman who died after a fall while in the care of an in-home health aide can testify.

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