Personal Injury Civil Procedure

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Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter. The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was...more

Dispensing With Commencing: A Statute of Limitations Gift

As we head into December, there is quite a bit of attention being paid to when sales start, when shipping occurs, and when gifts are given. Were one concerned with such an inquiry, one might imagine a few different points in...more

Taxotere Multidistrict Litigation Transferred

In 1996, the Food and Drug Administration (“FDA”) approved Taxotere “for the treatment of patients with locally advanced or metastatic breast cancer after failure of prior chemotherapy.” However, women claim that Sanofi-...more

Maritime Collateral Source Rule Clarified By Fifth Circuit

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

As American as Football, Apple Pie and Class Actions

Two cert petitions in a football-related class action are pending before the U.S. Supreme Court: Gilchrist v. National Football League, case no. 16-283 and Armstrong v. National Football League. Both are scheduled to be...more

Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

In DePerrodil v. Bozovic Marine, Inc., No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth Circuit recently limited the effect of the collateral source...more

A Reminder To Be Careful With Ex-Employees And Confidential Information

A lot of companies rely on retired and otherwise former employees for information in litigation – including product liability litigation. Particularly where a product (such as a drug that’s now gone generic) has a long...more

Plaintiffs Withdraw Motion to Centralize Essure Birth Control Litigation

Essure birth control is a medical device designed to provide permanent sterilization. Since 2002, about 750,000 women worldwide have undergone Essure sterilization procedures. Although the device has been marketed as a...more

Oklahoma District Court Denies Motion To Stay Action During Defendant’s Insurer’s California Conservation Proceedings

This case involved a personal injury negligence action brought by plaintiffs Cameron David and Shelby Gladd against defendants Satnam Singh and his employer Landmark Logistics, Inc. (“Landmark”) in Oklahoma federal court....more

Torts – Statute of Limitations – General v. Professional Negligence

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the...more

Awful Missouri Venue/Joinder Ruling Offers Way Out – Take It!

Even after having read it through twice, we find the result in Barron v. Abbott Laboratories, Inc., ___ S.W.3d ___, 2016 WL 6596091 (Mo. App. Nov. 8, 2016), hard to fathom, and even harder to stomach. For several years after...more

Guest Post – Tis Better to Try and Fail, Then to Have Never Tried At All: Internal Corporate Policies Do Not Create a Heightened...

What follows is a guest post by Cara DeCataldo, a Reed Smith associate, who gamely stepped up to the plate to research one of a number of blogging topics that have been hanging fire for some time now. This topic is a type of...more

The Second Appellate District Refuses to Overturn a Jury Verdict Despite Defendant’s Admission of Causation and Bad Judgment

Sassa Minnegren v. Joshua B. Nozar - Court of Appeal, Second Appellate District (October 24, 2016) - In auto collision cases, the law establishes “that every mistake of judgment is not negligence, for mistakes are...more

The Cosby Show: The Insurance Coverage Episode

On November 8, 2016, the District Court in the District of Massachusetts held that AIG has a duty to defend Bill Cosby against pending defamation claims under both Massachusetts and California law. The court rejected AIG’s...more

Broadening of Indiana Collateral Source Statute

The issue comes up a lot in personal injury cases: may the defendant introduce the discounted amount the provider actually accepted for medical services as evidence to be weighed against the undiscounted bill the plaintiff...more

Indiana Supreme Court Extends the Stanley Doctrine to State-Sponsored Medical Reimbursements

On October 21, 2016, the Indiana Supreme Court weighed-in on a closely watched case that drew much attention from the defense and plaintiff’s bar alike. Approximately one (1) year ago, I reported that the Indiana Court of...more

Southern District Refuses to Remand Unremovable Case

On September 21, 2016, a District judge in the Southern District of Florida denied a plaintiff’s motion to remand a case removed from state court, despite finding a valid basis for remand. In Goldstein v. GFS Market Realty,...more

Torts – Immunity for Recreational Activities by Private Landowner

Yan Wang et al., v. Gregory Nibbelink, et al. - Court of Appeal, Third Appellate District (October 13, 2016) - Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users...more

Rolling Stone Rolls With Early Favorable Rulings

Rolling Stone is not the first media outlet to defend itself in a multi-million dollar trial this year. Gawker Media was recently hit with a $140 million judgment resulting from a suit by Terry Bollea (a.k.a. Hulk Hogan) for...more

Moore v. Mercer – What Defendants in Personal Injury Cases Need to Know

Although the amount a medical finance company pays for a lien might be relevant evidence of the value of services provided to an injured plaintiff, courts have discretion to exclude such evidence if it is minimally probative...more

Seventh Circuit Holds that FDAAA Does Not Affect Mensing/Bartlett Preemption

When we first set foot on the University of Chicago Law School campus back in 1982, Chicago sports were a mess. But quickly – certainly more quickly than our ability to grasp the Rule in Shelley’s Case, Last Clear Chance, or...more

California Court of Appeal Affirms Decision to Exclude Evidence of the Amount Paid by a Medical Financing Company to a Personal...

In Moore v. Mercer (filed October 21, 2016, C073064), the California Court of Appeal, Third Appellate District, ventured “down the rabbit hole into the upside-down world of health care billing” and held that evidence of the...more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after...more

Insurer Liable for Mandatory Double Damages for Failure to Reimburse a Medicare Advantage Organization for Medicare Benefits It...

Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) - The federal Medicare and Medicaid Acts have been called “among the most completely...more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

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