CHICAGO — Trek Bicycle Corp. on Dec. 6 won its bid to exclude the testimony of an expert offered by a man who alleges that a defective product caused him to be thrown over the handlebars while riding his bicycle after an Illinois federal judge granted its motion to exclude and also partially granted its motion for summary judgment.
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 13 denied Johnson & Johnson review of a Mississippi Supreme Court ruling finding no preemption of state consumer protection law claims governing the labeling of talc products, a case in which the company urged the court to address a circuit split on labeling rules but said should be stayed pending the bankruptcy of one of the company’s subsidiaries.
KNOXVILLE, Tenn. — Ruling on eight motions in limine in a wrongful death lawsuit, a federal judge in Tennessee on Dec. 8 granted a hospital and its doctor’s motion to exclude any reference to their insurance coverage or to the professional liability insurance coverage of any of their expert witnesses.
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 13 asked the U.S. solicitor general to file a brief in the glyphosate cancer lawsuit that Monsanto Co. has appealed to the high court, contending that a lower court ruling will have “a profound, inequitable impact on mass-tort and product-liability cases” if it is allowed to stand because the decision departs from Supreme Court precedent and “ensures disuniformity in pesticide labeling.”
WASHINGTON, D.C. — Urging the U.S. Supreme Court to revisit its 1990 decision in Wilder v. Virginia Hospital Association, a nursing home, its owner and the company that manages and operates it on Nov. 23 asked the high court to review and reverse the Seventh Circuit U.S. Court of Appeals’ ruling that the Federal Nursing Home Reform Act (FNHRA) confers a private right of action to nursing home residents.
CHARLESTON, S.C. — An expert in tent installation and maintenance would not assist a jury in a personal injury suit, a South Carolina federal judge ruled Dec. 2, because his testimony is not necessary for the jury to understand the facts of the case.
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 6 denied the request of owners and operators of an assisted living facility to determine “whether the [Federal Arbitration Act] preempts the South Carolina Supreme Court’s arbitration-specific approach to construing comprehensive powers of attorney to preclude an agent’s power to agree to arbitrate future claims.”
WILMINGTON, Del. — A biomechanical engineer may testify that the force of a car accident did not cause a man’s alleged injuries after a Delaware judge found Nov. 22 that he met the admissibility standards under Delaware law, rejecting a renewed motion to exclude.
MIAMI — A federal magistrate judge in Florida on Nov. 23 recommended that the district court judge partially grant and partially deny Carnival Corp.’s motion to exclude an expert who will opine on why a woman was injured aboard the cruise ship.
DETROIT — A pro se plaintiff who opposes the $626.25 million partial settlement in the Flint water crisis litigation on Dec. 2 filed his fourth amended notice of appeal in Michigan federal court, seeking review in the Sixth Circuit U.S. Court of Appeals on grounds that the district court “sadly misapplied and misconstrued” the law when it approved the settlement.
LEXINGTON, Ky. — A medical causation expert retained by a man who alleges that he was injured in a slip and fall in a convenience store failed to meet the reliability standard set in Federal Rule of Evidence 702, and without expert testimony, the man’s claims cannot survive, a federal judge in Kentucky said Nov. 30, granting a motion to exclude and awarding summary judgment.
RALEIGH, N.C. — A woman suing E.I. du Pont de Nemours & Co. and its affiliates on Nov. 8 filed a brief in North Carolina federal court contending that her lawsuit for injuries from exposure to per- and polyfluoroalkyl substances (PFAS) should not be dismissed because she has pleaded plausible claims that the defendants knew that PFAS was toxic and knew that they were releasing it into the environment.
SEATTLE — A Washington federal magistrate judge on Nov. 18 denied an inmate’s motion to exclude a Department of Corrections expert after finding that the methodology he used to reach his conclusions “is sound enough to avoid exclusion.”
ST. PAUL, Minn. — The Minnesota Supreme Court on Nov. 24 held that a resident-relative exclusion does not frustrate the purpose behind its abolition of intrafamilial tort immunities, affirming a lower court’s ruling that a homeowners insurance policy’s resident-relative exclusion is enforceable to bar coverage for a minor’s injuries arising from a dog attack.
NEW ORLEANS — A Louisiana federal jury on Nov. 18 took just 104 minutes to find in the second Taxotere hair loss multidistrict litigation bellwether trial that Sanofi Aventis U.S. LLC did not provide an inadequate warning to a plaintiff’s doctor about the risk of permanent chemotherapy-induced alopecia,
SPRINGFIELD, Mass. — A Massachusetts justice on Nov. 22 dismissed indictments against the former superintendent and medical director of the veterans home for their roles in a COVID-19 outbreak that contributed to the death of at least 76 residents, finding that no evidence was presented to the state grand jury that the five residents named in the indictments suffered bodily injury or neglect as a result of the administrators’ decision to merge two dementia units and that neither administrator was functioning as a “caretaker of an elder.”
DENVER — A man injured when his BMW sedan fell off the jack while he was changing a flat tire failed to persuade the 10th Circuit U.S. Court of Appeals that a district court erred in excluding his expert witness and awarding the car manufacturer summary judgment, according to a Nov. 23 opinion.
BARTOW, Fla. — A Florida jury on Nov. 17 awarded a deceased smoker’s daughter $5,570,593 in compensatory and punitive damages at the conclusion of her trial against a tobacco company she said fraudulently deceived her father by concealing the risks of cigarettes and falsely marketing filtered cigarettes as safer. VIDEO FROM THE TRIAL IS AVAILABLE.
PHILADELPHIA — Stating that a Third Circuit U.S. Court of Appeals panel’s decision that state law COVID-19-related negligence and wrongful death claims against them are not completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act “is contrary to decisions” of both the circuit and the U.S. Supreme Court, two rehabilitation facilities and their owners on Nov. 17 filed a petition for rehearing and rehearing en banc, arguing that “consideration by the full court is necessary to secure and maintain uniformity of decisions” in the two courts.
SAN FRANCISCO — Monsanto Co.’s petition for review of a $86,742,310 glyphosate cancer verdict for a California couple who alleged that they used Roundup for more than three decades and a request for an order directing depublication of the opinion were both denied Nov. 17 by the California Supreme Court.