Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
Bleeding Deaths Linked to Pradaxa
GranuFlo and NaturaLyte Accused in Heart Attacks
Lawsuits Claim SSRIs Can Cause Severe Birth Defects
Dangers of Botulism with Botox
Hernia Patients in Pain as Skin Procedure Fails
What can I be compensated for after an accident injury that was not my fault?”
Car Accidents and the Things You Need to Know
Legal Minute - I was injured in a car accident as a passenger. Whom can I file a claim against?
Webinar: Investigating and Resolving Sexual Assaults on Campus
Monster Energy Drink Accused of Teen Death
Legal Minute with Sacramento wrongful death attorney, John Demas
Sacramento dog bite attorney- Legal Minute
Legal Minute: “Who Pays for my Expenses If I’m Injured By A Driver Who Doesn’t Have Auto Insurance?”
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
As Greed Grows in Trucking Industry, Driver Fatigue Is a Problem Facing All Americans
Money Talks: Safe Places & Breach of Security (Part I)
Can you protect yourself from a hit and run accident and why do you need uninsured & under-insured motorist coverage?
Personal Injury Claim in California
Should you hire a personal injury attorney after a dog bite?
Skecher Toner Shoes Cause Severe Injuries
Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more
The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more
Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework...more
On 1 April 2013 new rules will come into effect in England and Wales which will have a significant impact on litigation.
Whilst the reforms look very much as though they affect mechanical aspects of the litigation process,...more
One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more
In a case of first impression, the Missouri Court of Appeals for the Eastern District has addressed the very narrow issue of what effect the permissive joinder rule has on venue where a plaintiff suffers injuries from...more
Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more
As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more
A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more
The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more
Medical Device Companies should be aware of a recent en banc ruling by the Court of Appeals for the Ninth Circuit that has the potential to increase litigation involving class III medical devices....more
The legal controversies over athletes' rights-of-publicity rage on. Two pending appellate decisions offer some hope that a rational conclusion might be in sight. The head of Manatt's Sports Law Practice Group, Ron Katz, had...more
Originally published in International Law Office on November 27 2012.
A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more
Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more
On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state's law?
This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois...more
Recent disputes involving Electronic Arts (EA) have divided district courts in the Third and Ninth Circuits over whether the First Amendment insulates designers of video games from lawsuits when they use an athlete’s likeness...more
Oak Springs Villas Homeowners Association v. Advanced Truss Systems, Inc.
California Court of Appeal, Second Appellate District (June 14, 2012)
This case raises the question: once the trial court has made its...more
Can a public entity or employee be sued over the negligent operation of an emergency vehicle responding to a call? This morning, the Illinois Supreme Court held in Harris v. Thompson, written for a 6-Justice majority by...more
In medical device cases, preemption will hunt you down.
In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more
In This Issue:
*United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more
The decision in Dietz is one of first impression in the Pennsylvania appellate courts and essentially forecloses would-be plaintiffs from asserting common law claims against creditors based on incorrect credit reporting,...more
Our first reaction upon reading Metz v. Wyeth, 2012 U.S. Dist. Lexis 42432 (M.D. Fla. March 28, 2012), is boy, this case has a little of everything! After it was over, the plaintiffs must have felt a little like the French...more
On March 20, 2012, the California Court of Appeal Second District held that nonmandatory safety standards issued by the FAA in Advisory Circulars do not preempt state tort law on the standard of care. Sierra Pacific Holdings,...more
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