Personal Injury Updates

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After Teen’s Death, FDA Issues Warning About Dangers of Powdered Caffeine Supplements

Millions of people drink coffee every day to start the morning, to study longer, to work harder, to maximize their workout or just to get through the rest of the day. A cup of coffee — or even an enormous 31-oz. trenta — is...more

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more

Property Policy’s Pollution Exclusion Not Subject to Proximate Cause Analysis

An insured’s argument to broadly apply an exception to a pollution exclusion was recently rejected by the British Columbia Supreme Court in Whitworth Holdings Ltd. v. AXA Pacific Insurance Co., 2014 CarswellBC 2648, 2014 BCSC...more

The Pain Drain - The Continuing Impact of Pain Management on Health-Care Providers

Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past...more

Elderly Drivers and Car Accidents

Are you concerned about an elderly loved one’s determination to remain mobile and independent and not give up the keys to their car? Were you injured in a San Fernando Valley car accident caused by a senior citizen who...more

How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths [Video]

Jack Scarola, Tobacco attorney and partner of Searcy Denney explains how tobacco fights a war in which they try to wear down plaintiffs; out spend plaintiffs and wait for plaintiffs to die....more

David v. Goliath in DC Superior Court

A “David versus Goliath” battle is playing out in the DC Superior Court, with the DC anti-SLAPP statute in the role of the slingshot. Our “David” is the Center for Defense Advanced Studies (“C4ADS”). According to an...more

Proposed MAEAP Rules Narrow “Right to Farm” Protection

Proposed rule changes in the Michigan Agricultural Environmental Assurance Program (MAEAP) have excluded some farmers from MAEAP verification and protection....more

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

Youth Soccer and Traumatic Brain Injuries: Are Changes on the Way?

Soccer Parents File Class-Action Lawsuit against FIFA - The link between traumatic brain injuries and contact sports like football and hockey are now well known across the country, particularly for young athletes who...more

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Ninth Circuit Court of Appeals: CDA Does Not Bar Claims for Failure to Warn - Communications Decency Act May Be Exploited by...

In reversing the dismissal of a negligent failure to warn action, the Ninth Circuit Court of Appeals appears to have carved out an exception to the immunity afforded to website operators under the Communications Decency Act...more

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

Eleventh Circuit: Florida Law Does Not Equate Mere Negligence with Bad Faith

Kincaid v. Allstate Prop. and Cas. Ins. Co., No. 2:13-cv-014030, 2014 WL 3733758 (11th Cir. Jul. 30, 2014) - The Eleventh Circuit holds that under Florida law, negligence does not equate to bad faith, and under the...more

Social Host And Server Liability

The intoxicated person is over-served. Whether hosting a house party or tending bar at a public place, serving alcohol to a visibly intoxicated person is illegal. It is appropriate to seek compensation from not only the drunk...more

California Court of Appeal Rules Models’ Right of Publicity Claims Assignable, Not Preempted by Copyright Act

The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...more

District of New Jersey Decision Denying Class Certification in Paulsboro Train Derailment Case Highlights Increasing Importance of...

The District of New Jersey’s recent decision in In re Paulsboro Derailment Cases, No. 13-784 (D.N.J. Aug. 20, 2014), demonstrates the increasing importance of the implied requirement of ascertainability and provides guidance...more

How Much Are Your Trees Worth?

In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more

Did the Federal Court Protect the Wrong Doctor?

Last week in a medical malpractice case in Alabama, a federal court denied the plaintiff’s motion to compel production by a hospital of the defendant doctor’s personnel file. The plaintiff believed that the file could show...more

Fast Five: Rhode Island Appellate Practice - September 2014

In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of...more

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is...

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful...more

Tax Refund Identity Theft – Could it Happen to You?

We are all familiar with identity theft. A person gets access to your Social Security number and uses it to open credit card accounts in your name. He charges thousands of dollars, and you have no idea what has happened until...more

Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And...

Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more

Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim

In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an...more

Appellate Court Notes

SC19191 - Dorry v. Garden - The Supreme Court held that the accidental failure of suit statute saves a complaint that is not properly served within the original statute of limitations period, no matter how defective...more

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