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Mealey's Personal Injury

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.
September 20, 2023
Texas Federal Judge Agrees To Limit Expert Testimony In Slip-And-Fall Case

HOUSTON — A doctor testifying on behalf of a woman who is suing after a fall in a Home Depot store can discuss his diagnosis and treatment plan but cannot opine on causation, a federal judge in Texas ruled.
September 20, 2023
Arizona Federal Judge Rules On Dueling Motions To Exclude In Design Defect Case

PHOENIX — A federal judge in Arizona has resolved challenges to three experts retained in a lawsuit alleging that a couple were injured when a tire on the recreational vehicle they were traveling in ruptured and the RV burst into flames.
September 20, 2023
J&J: Asbestos-Talc Verdict Tagged Wrong Party, Lacked Causation Evidence

LOS ANGELES — In post-trial briefing after an $18.8 million verdict, Johnson & Johnson told a California judge that it wasn’t the party responsible for the talcum powder in question and that there is insufficient evidence that asbestos can cause pericardial mesothelioma.
September 18, 2023
Government Urges High Court To Uphold ‘Bedrock Principle’ Of Chevron Deference

WASHINGTON, D.C. — The U.S. secretary of Commerce, two National Oceanic and Atmospheric Administration (NOAA) officials and the National Marine Fisheries Service (NMFS) (collectively, the government) urge the U.S. Supreme Court in a Sept. 15 brief to not overrule the doctrine of Chevron deference in a challenge to fishery regulations that were upheld by the District of Columbia Circuit U.S. Court of Appeals, writing that doing so could “cause disruption” to complex federal regulatory schemes.
September 18, 2023
Ga. Federal Judge: Medical Examiner Can Testify That Taser Caused Man’s Death

VALDOSTA, Ga. — The manufacturer of a Taser device on Sept. 15 lost its bid to exclude testimony from a medical examiner who opines that the deployment of the weapon was a contributing cause of a man’s death after a federal judge ruled that the testimony was not speculative and would be helpful to a jury.
September 15, 2023
EPA: Nonprofit’s Ohio Train Derailment Case Should Be Dismissed Based On CERCLA

YOUNGSTOWN, Ohio — The U.S. Environmental Protection Agency and its administrator have filed a reply brief in Ohio federal court arguing that it should dismiss a lawsuit brought by a nonprofit organization over the East Palestine train derailment and the subsequent toxic chemical spill because the court lacks jurisdiction on grounds that the suit interferes with a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act.
September 14, 2023
Hit With $38 Million Asbestos Verdict, Burnham Wants Financial Records Sealed

NEW YORK — Responding to Burnham LLC’s request for a New York justice to seal two affidavits containing propriety information introduced during the punitive damages phase that contributed to a $38 million asbestos verdict, the plaintiff says in a Sept. 11 opposition brief that in light of evidence of decades of sales of products the company knew would be hazardous, its vague arguments are not grounds to seal the evidence, sources told Mealey Publications.
September 13, 2023
Judge Says Insurer Has No Duty To Defend In Wrongful Death Suit Against Architect

TAMPA, Fla. — A Florida federal judge granted an insurer’s request for declaratory judgment that it has no duty to defend or indemnify its insured architect in a wrongful death suit filed against the architect by the family of a man who died while working on a construction project, finding that the architect “made material misrepresentations on the policy application that voided the policy under the rescission doctrine.”
September 13, 2023
Judge Rules On 4 Motions To Exclude, Denies Summary Judgment In Injury Case

SEATTLE — A Washington federal judge ruled that certain motions filed by Home Depot in a slip-and-fall case were attempts “to cloak an untimely discovery motion in the guise of a motion to exclude,” finding that experts retained by the man injured can testify.