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Civil Procedure Personal Injury

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

For Purposes of a General Release Agreement, an “Affiliate” is not Defined by a Mere Contractual Relationship

by Low, Ball & Lynch on

Muhammad Iqbal v. Imran Ziadeh - COURT OF APPEAL, THIRD APPELLATE DISTRICT (March 24, 2017) - The issue in this case is whether plaintiff’s release in a previous case immunized defendant Imran Ziadeh (“Ziadeh”) against...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend”...more

Another Accutane Verdict Vacated in New Jersey

by Reed Smith on

No one can be all that happy with how the Accutane mass tort proceeding has played out in New Jersey. We have no involvement in that proceeding, but we have monitored it from afar, and it has been extraordinarily contentious....more

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

by Fisher Phillips on

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

by Cozen O'Connor on

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Southern District of Illinois Excludes Plaintiff’s Experts in OTC NSAID Kidney Injury Case

by Reed Smith on

Next week, we are traveling to Budapest, with a side trip to Vienna. We are visiting the Drug and Device Law Rock Climber, who is spending this semester abroad studying computer science (in Budapest) and climbing rocks (in...more

A Shock to the System: Significant Changes to the Discount Rate Applicable to Personal Injury Damages Awards in England and Wales

by Sedgwick LLP on

On 27 February 2017, the Lord Chancellor and Minister of Justice announced significant changes to the Discount Rate applicable under the ‘Ogden Tables’ to the calculation of personal injury compensation payments and lump sum...more

Federal Court Allows Expert Testimony on Health Risks Despite Lack of Personal Injury Claims

by Beveridge & Diamond PC on

Underscoring the importance of expert testimony regarding health risks in toxic tort cases involving potential exposure issues, a Mississippi federal judge allowed expert testimony on health risks posed by alleged...more

Breaking News: Cerveny – “Clear Evidence” Preemption Wins on What Matters Most

by Reed Smith on

On May 2, 2017, the Tenth Circuit affirmed in part, reversed in part, and remanded the post-Levine branded drug preemption decision in Cerveny v. Aventis, Inc., No. 16-4050 (10th Cir. May 2, 2017). ...more

New York Lead Paint Suit Barred by Statute of Limitations

by Beveridge & Diamond PC on

Illustrating the limits of New York’s discovery rule, a New York appeals court dismissed claims alleging injuries from lead paint exposure as barred by the statute of limitations. See Vasilatos v. Dzamba, No. 523286 (N.Y....more

Comparative Fault of Government Regulators Might be a Defense

by Reed Smith on

‘Pointing to the empty chair’ is a well-known defense trial tactic. It allows the defendant to go on offense. Maybe the plaintiff deserves some compensation, so the narrative goes, but the plaintiffs sued the wrong party. ...more

Breaking News: Cerveny – “Clear Evidence” Preemption Wins on What Matters Most

by Reed Smith on

On May 2, 2017, the Tenth Circuit affirmed in part, reversed in part, and remanded the post-Levine branded drug preemption decision in Cerveny v. Aventis, Inc., No. 16-4050 (10th Cir. May 2, 2017). ...more

Superior Court Grants Trade Association’s anti-SLAPP motion

by LeClairRyan on

Last October, I wrote about the Personal Care Products Council’s interesting anti-SLAPP motion, filed in a DC Superior Court case. There, the plaintiff (Simpson) alleged that she developed ovarian cancer by using talcum...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a jury verdict in the Quinteros v. DynCorp litigation; the latest...more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Smoke Screens & Side Shows

by Reed Smith on

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

The Supreme Court Addresses Legal Fee Calculations for Discovery Abuse

by Reed Smith on

Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than...more

Goodyear Tire & Rubber Co. v. Haeger Reignites Discussions of Federal Courts’ Inherent Authority

In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway speeds. In the 2015...more

Expert Failed to Offer Admissible Evidence in Opposition to Motion for Summary Judgment

by Low, Ball & Lynch on

Sanchez v. Kern Emergency Medical Transportation Corporation - COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) - An expert opinion filed in opposition to a summary judgment must be based on admissible...more

WDNY Holds that Tysabri Warnings are Adequate as Matter of Law and that Product Liability Claims are Preempted

by Reed Smith on

However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn. Why do plaintiffs insist on inserting a cause of action for manufacturing liability when there is not a whiff...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

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