Mealey's Personal Injury
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August 30, 2023
2nd Circuit Upholds Forum Rule Application, Sanctions In WWE CTE Class, Mass Cases
NEW YORK — A trial court’s decisions to award World Wrestling Entertainment Inc. and Vincent K. McMahon (together, WWE) sanctions and apply the forum rule to determine the amount in a class tort complaint and a mass action brought by the same attorney on behalf of allegedly injured wrestlers were upheld by a Second Circuit U.S. Court of Appeals panel, which found that there was no abuse of discretion.
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August 25, 2023
Judge Dismisses Wrongful Death Suit Against Care Home For Lack Of Jurisdiction
NEW YORK — A New York federal judge dismissed a consolidated case filed by an estate representative who alleged that multiple parties, including a nursing home and legal counsel, conspired to declare his mother incapacitated, take her assets and force her into a nursing home, where she purportedly received inadequate treatment that led to her death, finding that the court lacks subject matter jurisdiction.
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August 25, 2023
Florida Jury Returns $2.3M Verdict In Wrongful Death Suit Against Nursing Home
GAINSVILLE, Fla. — A Florida state court jury found a nursing home negligent in a wrongful death suit filed by the estate of a woman who died after living there, alleging that the nursing home’s failure to provide adequate care for the woman’s pressure ulcer contributed to her death, resulting in a $2.3 million jury verdict for loss of companionship and mental pain and suffering for the woman’s husband.
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August 24, 2023
Remaining Civil Rights Claims In University COVID-19 Death Dismissed; Case Remanded
PITTSBURGH — In a wrongful death lawsuit brought by the administrator of a university student who died of COVID-19, a Pennsylvania federal judge on Aug. 23 sua sponte dismissed with prejudice civil rights claims against the employee of a company that owned and operated student housing and remanded the case to state court to address the surviving state law claims, ruling that the claims against the employee suffered from the same inadequacies as those previously dismissed against the university, university employees and various third parties.
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August 23, 2023
Georgia Supreme Court: Law Enforcement Officer Subject To Full Daubert Inquiry
ATLANTA — The Georgia Supreme Court found that “the well-established test governing the admissibility of expert testimony applies with equal force to investigating law enforcement officers,” reversing two lower courts that ruled that an officer is presumptively qualified as an expert.
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August 21, 2023
6th Circuit Reverses Dismissal Of Exploding Vape Suit Against Korean Battery Maker
CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel reversed a Michigan federal judge’s dismissal for lack of a personal jurisdiction of a lawsuit against a foreign battery maker brought by a man who was burned by an exploding e-cigarette, finding that the plaintiff’s evidence established sufficient contacts between the battery maker and Michigan.
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August 18, 2023
Illinois Wrongful Death Statute Expanded To Permit Punitive Damages
SPRINGFIELD, Ill. — Illinois will immediately begin permitting punitive damages in wrongful death actions after the state’s governor signed legislation amending the state’s wrongful death act.
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August 17, 2023
Nonprofit Says Its Ohio Train Derailment Claims Against EPA Are Valid
YOUNGSTOWN, Ohio — A nonprofit organization has filed a brief in Ohio federal court contending that it should deny a motion to dismiss its lawsuit against the U.S. Environmental Protection Agency related to the East Palestine train derailment and the subsequent toxic chemical spill on grounds the EPA and local authorities failed to conduct proper testing for chemical spills and misled members of the public as to whether the air and drinking water were safe.
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August 16, 2023
Maui Homeowners Bring Class Suit Against Electric Companies After Massive Fire
HONOLULU — A couple who owned a townhome in Lahaina, a Hawaiian town largely destroyed by a fire on Aug. 8, filed a class complaint in a Hawaii court accusing the electric companies as well as unnamed governmental agencies and corporations of causing the massive wildfire that destroyed homes and businesses and killed more than 100 people by failing to shut off power after a high wind watch and red flag warning were issued by the National Weather Service (NWS).
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August 15, 2023
7th Circuit Affirms $3.3M Bard IVC Filter Verdict; 510(k) Properly Excluded
CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a $3.3 million inferior vena cava (IVC) filter verdict against C.R. Bard Inc., ruling that the trial court did not err by excluding evidence about the device’s 510(k) approval or by reopening the plaintiffs’ case to hear testimony from the reluctant implanting physician.
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August 14, 2023
With Punitive Damages Pending, Parties Settle $20M Asbestos-Talc Case
BRIDGEPORT, Conn. — After the parties filed briefs on the appropriateness of punitive damages in the wake of a $20 million asbestos-talc verdict, one of the defendants told a Connecticut judge on Aug. 11 that the parties had resolved the case, mooting pending post-trial motions.
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August 11, 2023
OSHA Regulations Don’t Apply To Maritime Case, Judge Rules In Excluding Expert
DETROIT — An expert relied on Occupational Safety and Health Administration regulations in forming his conclusions in a maritime personal injury lawsuit, but the regulations do not apply to U.S. Coast Guard inspected vessels, a Michigan federal judge said, granting a motion to exclude his testimony.
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August 11, 2023
Panel Quashes Order Denying Dismissal In Wrongful Death Suit Against Nursing Home
WEST PALM BEACH, Fla. — A Florida appellate court granted certiorari and quashed a lower court’s order denying dismissal of an estate’s wrongful death and negligence suit against a purported partnership that owned a 95% interest in a nursing home’s licensee and the alleged sole owner of the licensee’s management company, finding that the estate’s allegations that the partnership and owner were involved with the nursing home’s management decisions did not suffice to comply with Florida law regarding negligence suits against nursing homes.
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August 09, 2023
Split Supreme Court Revives Federal ‘Ghost Gun’ Regulation Pending Appeal
WASHINGTON, D.C. — A divided U.S. Supreme Court on Aug. 8 granted the application of the United States to stay a judgment of a Texas federal court vacating 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.
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August 09, 2023
Medical Expert Properly Excluded From Opining On Causation, 11th Circuit Affirms
ATLANTA — The 11th Circuit U.S. Court of Appeals found no error in a district court excluding an expert witness under Daubert v. Merrell Dow Pharmaceuticals Inc. after finding that the expert did not consider alternative reasons for a woman’s allergic reaction, affirming the dismissal of a medical malpractice suit.
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August 09, 2023
Civil Rights Claims In Suit Stemming From University COVID-19 Death Dismissed
PITTSBURGH — A Pennsylvania federal judge dismissed with prejudice civil rights claims in the amended complaint of the estate administrator of a university student who died of COVID-19 in a lawsuit that also alleged state law claims of wrongful death, survival and willful misconduct against the university and others, finding that the administrator could not establish that there had been conduct that “shocks the conscience” given the several measures taken by the university to reduce the risk posed by COVID-19 during the pandemic.
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August 08, 2023
Monsanto Objects To $72M PCB Judgment, Says Plaintiffs’ Motion Is ‘Improper’
SEATTLE — Monsanto filed a brief in Washington state court arguing that the court should reject the proposed final judgment for two plaintiffs who won $72 million for injuries from polychlorinated biphenyls (PCBs) because it is “improper” in several respects and misstates the jury’s verdict.
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August 07, 2023
Judge Excludes 1 Expert, Rules On Allowed Testimony In Candle Injury Case
PHOENIX — An Arizona federal judge ruled on five motions relating to expert testimony and who is to blame for a man’s serious injuries allegedly caused when fragrance in a candle caused a flashover.
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August 03, 2023
Panel Affirms Order Denying Arbitration In Negligence Suit Against Care Home
COLUMBIA, S.C. — A South Carolina appellate court on Aug. 2 affirmed a lower court’s order denying a nursing home’s motion to dismiss, to compel arbitration and to stay in a suit against it alleging negligence related to a resident’s incurring a hip fracture, finding that the resident’s agent acting pursuant to a health care power of attorney (HCPOA) lacked the authority to enter the arbitration agreement on his behalf.
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August 03, 2023
Judge: Expert Opining On Hand Injury From Frozen Chicken Can Testify
SEATTLE — A Washington federal judge denied a motion to exclude an expert witness testifying on injuries a man sustained after allegedly cutting his hand on metal shears inside a bag of frozen chicken after finding that objections to the testimony can best be addressed through cross-examination.
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August 03, 2023
New York Care Homes Appeal Orders Requiring Monitors In $83M Medicare Fraud Suit
NEW YORK — Less than a week after a New York state justice issued orders requiring independent monitors in an $83 million Medicare and Medicaid fraud suit, multiple nursing homes and their owners and operators appealed, arguing that the monitors are unnecessary and would disrupt their business.
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August 03, 2023
Defendant’s Representation Satisfies Judge At Juror Harassment Hearing
LOS ANGELES — The judge overseeing an order to show cause hearing on juror harassment in the wake of an $8.8 million asbestos verdict said he would not take any further action in light of a defendant’s representation that there would be no more unsolicited contact with jurors at their homes.
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August 03, 2023
Judge Partially Excludes Safety Expert’s Testimony In Slip-And-Fall Case
TAMPA, Fla. — A Florida federal judge agreed to limit testimony from a safety expert retained by a man who says he slipped on a wet floor in a Target store but denied a motion to exclude the man’s life care planning expert.
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August 02, 2023
Asbestos Defendant Says Recent Authority Supports Causation Specificity Argument
BRIDGEPORT, Conn. — Recent out-of-state rulings support the conclusion that the presence of visible dust does not satisfy the causation standard in Connecticut, which instead requires specificity regarding the dose of asbestos, a defendant told a state court judge in a statement of supplemental authority in support of a motion to set aside a verdict.
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August 01, 2023
Pennsylvania Federal Judge OKs Experts In Design Defect Case Against Caterpillar
PITTSBURGH — A missing piece of evidence does not warrant exclusion of experts’ testimony, but a Pennsylvania federal judge agreed to bar testimony on one opinion that is irrelevant to a man’s suit alleging that a faulty design of construction equipment caused his injury.