Personal Injury, Products Liability, Civil Procedure

Transvaginal Mesh Lawsuit Defendant Loses Bid for Protective Order

by Audet & Partners, LLP on 5/22/2013

Hundreds of plaintiffs injured by transvaginal mesh have joined the multi-district litigation currently active in the Southern District of West Virginia. On March 15, 2013, the plaintiffs in In Re: American Medical Systems,...more

Mirena IUD Lawsuit Judge Considers Request for Liaison Counsel

by Audet & Partners, LLP on 5/16/2013

Plaintiffs suing Bayer Corporation, the manufacturer of the Mirena IUD, are now seeking to appoint attorneys to represent the group as liaison and lead counsel. In a letter dated April 30, 2013 to Judge Cathy Seibel of the...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

New Product Liability Class Action Highlights Uncertainties in Class Proceedings

by Luiz Bihari, Craig Lockwood | Osler, Hoskin & Harcourt LLP on 4/29/2013

On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued...more

The Stories Behind Outstanding Verdicts

by Cogent Legal on 4/26/2013

Recently I attended the Trial Lawyer of the Year Gala hosted by the San Francisco Trial Lawyers Association (SFTLA). I always enjoy this event not only because it showcases outstanding legal advocacy, but also because I...more

GranuFlo Lawsuit Consolidation Concentrates Litigation in Massachusetts Federal Court

by Audet & Partners, LLP on 4/23/2013

On March 29, 2013, the United States Judicial Panel on Multidistrict Litigation ("JPML"), consolidated eleven pending federal actions alleging injuries related to GranuFlo and/of NaturaLyte administration during dialysis...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

by Guy W. Stilson | Low, Ball & Lynch on 4/23/2013

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

Why Russell v. SNFA Matters

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court's first opportunity to apply the United States...more

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

by Larry Golub | Barger & Wolen on 4/15/2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal exhaustion of primary liability policy limits before triggering the obligation of...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

The Clock Is Ticking On Your Personal Injury Claim

by Stipe, Harper, Laizure, Uselton, Belote,... on 4/9/2013

Whether your injuries are the result of a slip-and-fall, motor vehicle accident or a defective product, you have a limited amount of time to file your personal injury claim. If your claim is filed after the Oklahoma statute...more

Mirena IUD Lawsuits Consolidated in New York Federal Court

by Audet & Partners, LLP on 4/9/2013

Over objections raised by Bayer Healthcare Pharmaceuticals*, the United States Judicial Panel ("USJP") on Multidistrict Litigation has consolidated most federal lawsuits alleging injuries caused by the Mirena intrauterine...more

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

by Don Rushing, Marina Slavin, Ashley Washington | Morrison & Foerster LLP on 3/19/2013

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

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

by Mickey Martinez, Mark Packman, Kami Quinn | Gilbert LLP on 3/19/2013

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

I've Got This Doctor You Gotta See!

by Katherine Gallo, Esq. on 3/18/2013

In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few...more

It’s a Whopper of a Case: Washington Supreme Court “Supersizes” Product Liability Statute

by Rachel Reynolds | Sedgwick LLP on 3/12/2013

Following Burger King's alleged service of a "spit burger," a plaintiff filed a product liability suit alleging emotional distress damages. See Certification from the United States Court of Appeals for the Ninth Circuit in...more

Superior Court Affirms Dismissal of Paxil Birth Defect Case Lacking Proximate Causation

by Emily Hanlon | Schnader Harrison Segal & Lewis LLP on 3/12/2013

In its March 4, 2013 non-precedential decision in Pettit v. GlaxoSmithKline, LLC, No. 850 EDA 2012, the Pennsylvania Superior Court (applying Ohio law) affirmed an order of Philadelphia Court of Common Pleas Judge Sandra...more

Mirena IUD Lawsuit Consolidation Opposed by Bayer

by Audet & Partners, LLP on 3/6/2013

Bayer Healthcare Pharmaceuticals has taken a position opposing consolidation of legal actions brought against the medical device manufacturer for the Mirena IUD that can only be described as schizophrenic. Bayer opposed the...more

California Supreme Court Holds Survival Statute Does Not Apply to Out-Of-State Corporations

by Kimberly Jackanich | Sedgwick LLP on 3/5/2013

The California Supreme Court recently held that the state’s statute governing wind-up and survival of dissolved corporations does not apply to out-of-state corporations. (Greb v. Diamond Int’l Corp., S183365, 2013 WL 628328...more

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

by Thomas LoSavio | Low, Ball & Lynch on 2/25/2013

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

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

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

by S. Vance Wittie | Sedgwick LLP on 2/7/2013

One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

by Mark Spatz | Cohen & Gresser LLP on 2/7/2013

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

Argument Report: Illinois Supreme Court Gets Its First Shot at Interpreting Nicastro

by Kirk Jenkins | Sedgwick LLP on 1/31/2013

In J. McIntyre Machinery, Ltd. v. Nicastro, a plurality of the United States Supreme Court held that merely placing a product into the stream of commerce with the expectation that it would wind up in the forum state was not...more

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Personal Injury › Products Liability › Civil Procedure