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Personal Injury Products Liability Civil Remedies

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

The Supreme Court Addresses Legal Fee Calculations for Discovery Abuse

by Reed Smith on

Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than...more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

Baby Powder Lawsuits – $200 Million and Counting?

Lawsuit No. 4 in the case against Johnson & Johnson and its ovarian-cancer-linked talc product has headed to the courtroom in Missouri. It is the fourth in a series of baby powder lawsuits filed nationally. Defense attorneys...more

$1 billion verdict in lawsuit against maker of metal-on-metal hip replacements

The pain and suffering that a flawed medical device can cause can last a long time. A Dallas jury provided a timely reminder of that, deciding six California plaintiffs should be paid more than $1 billion for the harm they...more

New Win for Old Spice

by Benesch on

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. ...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

by Wilson Elser on

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

$70 million assessed against J&J for boy who grew breasts from Risperdal

A Tennessee teen-ager suffered such emotional distress after growing enlarged breasts as an undisclosed side-effect of an anti-psychotic medication that the drug’s maker should pay him $70 million in damages, a Philadelphia...more

Johnson & Johnson Hit With Two Huge Punitive Awards In Missouri Talcum Powder Litigation

We have previously posted—for example, here, here, here, and here—about the thorny problem of avoiding excessive punishment when multiple plaintiffs seek punitive damages for the same course of conduct.  Johnson & Johnson is...more

Compensating “Disgust”: Psychoanalyzing Emotional Distress Claims Involving Food Products

You’re a sheriff’s deputy and you’re hungry. You stop at the local Burger King drive-thru and order a Whopper with cheese. You often eat five meals a day—frequently at fast food restaurants—because you work night shifts. ...more

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Smooth Operators: Seventh Circuit Untangles Objections and Affirms Settlement of Hair Product Class

by Carlton Fields on

The Seventh Circuit Court of Appeals affirmed a class settlement over objection in a case involving a hair-smoothing product (“the Smoothing Kit”) that allegedly destroyed users’ hair and burned their scalps. Plaintiffs sued...more

$72 Million Awarded in Johnson & Johnson Baby Powder Case

More than 1,200 pending lawsuits against Johnson & Johnson involving the company’s iconic baby powder and other products received a big boost when a Missouri jury awarded the family of an ovarian cancer victim $72 million in...more

Product Liability Update: January 2016

by Foley Hoag LLP on

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

Texas Court’s Writ of Mandamus Relieves Discovery Pressures on Tire Manufacturer

by Cozen O'Connor on

A court in Harris County, Texas provided relief to Michelin North America Inc. in a case involving allegedly defective tires when it threatened to issue a writ of mandamus in favor of the tire manufacturer. The Texas...more

Whose Choice Is It Anyway? Split Decisions Over Choice of Law and The Impact On Your Defense Strategy

by Cozen O'Connor on

Janssen Pharmaceuticals Inc., a unit of Johnson & Johnson, has been embroiled in a mass tort MDL in Philadelphia for its anti-psychotic drug, Risperdal, for almost a year now. So far in 2015, the juries have split – two in...more

Florida Supreme Court on Evidence of Collateral Source Benefits

by Wilson Elser on

Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial - It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and...more

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

by Cozen O'Connor on

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

Making Sense of the Daubert and Summary Judgment Orders in A Metal-on-Metal Hip Implant Bellwether Case

by Reed Smith on

We have not posted for a while—that day job can really get in the way sometimes—so we agreed to tackle the ridiculously long decision in Christiansen v. Wright Med. Tech. Inc., MDL No. 2329, 1:13-cv-297-WSD, 2015 U.S. Dist....more

"Appellate Court Affirms Ruling Allowing Punitive Damages in New York City Asbestos Cases"

In a unanimous ruling decided July 9, 2015, New York's Appellate Division, First Department declined to overrule an April 2014 order by Justice Sherry Klein Heitler, the then-coordinating justice of the New York City Asbestos...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

by Reed Smith on

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

Wyoming Federal Court Dismisses Hip Case for Lack of Defect

by Reed Smith on

"And what is so rare as a day in June?" How about a drug and device law opinion out of Wyoming? We do not often get the chance to discuss Wyoming products law. That is not terribly surprising, given that Wyoming is the...more

Alabama Legislature Abolishes Weeks Innovator Liability Theory

by Reed Smith on

That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813...more

Judge Protects GM Against Most, But Not All, Ignition Switch Claims

by Kelley Drye & Warren LLP on

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more

Toward Class Actions for Health-Related Claims in France

by Reed Smith on

Class actions – which are progressively becoming part of the legal landscape in France as “actions de groupe” – will probably soon be extended to personal injury claims against health products manufacturers, suppliers or...more

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