Personal Injury, Civil Remedies, Products Liability

Yamaha Must Pay $3.3M for Selling Dangerous Rhino

by Sylvia Hsieh | Lawyers.com on 5/14/2013

Rhino-maker Yamaha Motor Corporation must pay $3.3 million for an unsafe 660 UTV vehicle that overturned and crushed its driver....more

Q&A With Carlton Fields' Wendy Lumish

by Wendy Lumish | Carlton Fields on 5/14/2013

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Upholding CAFA’S Intended Purpose

by Christopher Norton | Sedgwick LLP on 4/12/2013

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions,...more

Patient Paralyzed by Toxic MRI Dye Awarded $5 Million

by Sylvia Hsieh | Lawyers.com on 4/12/2013

A patient who was given a shot of a contrast dye that left him unable to move won a $5 million verdict against GE Healthcare, the maker of the dye....more

Choosing the Right Asset Search Company

by Edward Amaral on 4/10/2013

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

Drywaller Awarded $27 Million for Asbestos Exposure

by Sylvia Hsieh | Lawyers.com on 4/1/2013

A drywall worker who built houses during the California housing boom in the 1970s, when asbestos was used in virtually every type of building material, has won a $27 million jury award for a cancer caused by the toxic...more

Vaginal Mesh Damages Against Johnson & Johnson Exceed $11 Million

by Audet & Partners, LLP on 3/5/2013

The first jury verdict against Johnson and Johnson (J&J)’s Ethicon subsidiary has resulted in a powerful statement regarding the pharmaceutical company’s lack of adequate warnings of the health risks posed by the transvaginal...more

Transvaginal Mesh Verdict Awards $7.8 Million Punitive Damages to Plaintiff

by Audet & Partners, LLP on 2/28/2013

A New Jersey jury today levied punitive damages against Johnson & Johnson's Ethicon, Inc. in the amount of $7.8 million for misleading doctors and consumers about the safety of transvaginal mesh implants. Earlier in the...more

Partial Verdict of $3.35 Million Handed Down in First Transvaginal Mesh Trial

by Audet & Partners, LLP on 2/25/2013

In the first jury verdict to rule on whether Johnson & Johnson (J&J)’s Ethicon unit failed to properly warn of the risks of the vaginal mesh implant, Linda Gross, a 47 year-old South Dakota nurse, today was awarded $3.35...more

Jury Awards $63M to Girl Almost Killed by Children’s Motrin

by Sylvia Hsieh | Lawyers.com on 2/18/2013

A jury has awarded $63 million to the family of a 7-year-old girl who lost her eyesight and nearly died after taking Children’s Motrin. The popular drug can cause a rare disease known as toxic epidermal necrolysis, or...more

A Maze of Uncertainty: Pennsylvania Products Liability Law Remains in a Confusing State of Flux

by Daniel E. Cummins on 2/12/2013

Attorney Daniel E. Cummins of the Scranton, Lackawanna County, Pennsylvania insurance defense firm, Foley, Comerford & Cummins provides this detailed analysis of the current state of Pennsylvania Products Liability Law. ...more

First DePuy Hip Replacement Suit Goes to Trial

by Michele Bowman | Lawyers.com on 1/29/2013

Opening arguments took place Jan. 25 in the trial of a lawsuit brought in California against Johnson & Johnson by a patient who received the company’s allegedly faulty “ASR” implant in hip replacement surgery....more

Patton Boggs Insights - December 2012: Litigation/Courts: $48 Million Verdict Tops Mesothelioma Awards

by Patton Boggs LLP on 1/24/2013

In the largest mesothelioma award in California this year, a Los Angeles County jury awarded a mesothelioma victim and his family $48 million against several firms, including at least two cement companies....more

Patton Boggs Insights - December 2012: Litigation/Courts: $7.3 Million Award In Popcorn Lung Case

by Patton Boggs LLP on 1/23/2013

A Colorado man who consumed two to three bags of microwave popcorn every day for a decade has won a $7.3 million judgment against popcorn maker Glister-Mary Lee, supermarket chain Kroger and its Dillon Cos. subsidiary....more

Weekly Law Resume - January 17, 2013: Torts – Negligent Infliction of Emotional Distress – Bystander Recovery

by David L. Blinn | Low, Ball & Lynch on 1/22/2013

Fortman v. Forvaltningsbolaget Insulan AB Court of Appeal, Second District (January 10, 2013) Closely related percipient witnesses may seek damages for emotional distress caused by observing a negligently inflicted...more

JAMA Report Questions Link Between 9/11 Exposure and Cancer

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 1/22/2013

A study published in the Journal of the American Medical Association (JAMA) questions the claim that exposure to 9/11 toxins causes cancer. The report will no doubt be used by those who would like to cap or reduce the amount...more

The Realities of Bringing a Legal Claim for Injuries Incurred by Defective Products

by Demas Law Group on 1/16/2013

Millions of consumer products are sold across the United States every year, and the vast majority of them work as they should and they do not cause harm to those who use them. Unfortunately, there are still many situations...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

by Eliot Harris | Sedgwick LLP on 1/7/2013

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

Toxic Tort and Environmental Law Update: January 2013 - New Ohio Asbestos Legislation Is A Step In The Right Direction…But There...

by Rachel Reynolds | Sedgwick LLP on 1/7/2013

On December 20, 2012, Ohio Governor John Kasich signed into law House Bill 380, which is aimed at remedying inequities in asbestos litigation. HB 380 addresses the issue of bankruptcy trust claims and their impact on pending...more

Toyota to Settle Accelerator Case for $1.4 Billion

by Michele Bowman | Lawyers.com on 1/4/2013

Toyota agreed on Dec. 26 to settle a class action accusing the auto maker of selling cars that are defective because they suddenly accelerate. The total settlement amount is a reportedly record-breaking $1.4 billion, and...more

Asbestos Alert: District Court Judgment Reversed for Failure to Conduct Daubert Hearing Prior to Admitting Testimony of Plaintiff...

by Guy W. Stilson | Low, Ball & Lynch on 11/21/2012

Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16, 2012) _____F3d_____ In this case, the Ninth Circuit reversed a $10.2 million jury award in favor of...more

Trial Lawyers Fight Anti-Consumer Lobbies on Tort Reform

by Michele Bowman | Lawyers.com on 11/19/2012

The American Association of Justice (formerly the Association of Trial Lawyers of America) has launched a new campaign to educate consumers about their rights to bring civil suits to redress wrongs including medical...more

Determining Whether You Qualify for 9/11 Funds or Healthcare

by Barasch McGarry Salzman & Penson PC on 11/9/2012

Many people who lived, worked, or attended school in the vicinity of the World Trade Center in the year following the attacks of September 11th knew, back in 2001 or 2002, that the dust, fumes, smoke and stress had negatively...more

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Personal Injury › Civil Remedies › Products Liability