Mealey's Personal Injury

  • November 11, 2021

    Kansas Panel: Lower Court Erred In Excluding Hearsay Testimony In Nursing Home Suit

    TOPEKA, Kan. — A Kansas appellate panel on Nov. 5 reversed and remanded a lower court’s judgment in favor of a nursing home, finding that hearsay testimony that a resident with dementia walked out of the home unsupervised because staffers left for lunch at the same time should have been allowed and was “central to the plaintiff’s case.”

  • November 11, 2021

    Final Approval Order Issued In UCLA Sex Abuse Class Settlement

    LOS ANGELES — A federal judge in California on Nov. 10 issued the final approval order following a $73 million settlement in a class complaint by former patients of a University of California, Los Angeles (UCLA) gynecologist alleging years of sexual exploitation.

  • November 11, 2021

    Judge Dismisses Most Of Customer’s Claims Against Shop For Exploding Vape Battery

    PHOENIX — A federal judge in Arizona on Nov. 8 granted in part a retail smoke shop’s motion for summary judgment regarding a customer’s claims that the shop sold him vape batteries that exploded in his pocket, finding that the customer sufficiently pleaded his claim that the store sold him a defective product but not that it failed to warn him of potential battery-related risks.

  • November 11, 2021

    Judge Gives Final OK To $626.25M Partial Settlement In Flint Water Crisis Case

    DETROIT — A federal judge in Michigan on Nov. 10 gave final approval to a $626.25 million partial settlement in the Flint Water Crisis litigation, which calls for Michigan to pay $600 million, the largest settlement payment in the state’s history.

  • November 09, 2021

    Judge:  Exclusion Of Expert Witness Dooms Injury Suit Against Chicken Restaurant

    BENTON, Ill. — An Illinois federal magistrate judge on Oct. 29 found that an expert medical witness retained in a woman’s suit alleging that she was injured in a fried chicken restaurant’s bathroom did not meet the requirements set under Daubert v. Merrell Dow Pharmaceuticals Inc., granting the company’s motion to exclude and awarding summary judgment after ruling that without that testimony, the woman failed to establish her claims.

  • November 09, 2021

    Colorado Federal Judge Denies Motion To Strike Medical Billing Expert In Crash Suit

    DENVER — A Colorado federal magistrate judge on Nov. 1 said a trucking company’s and its employee’s arguments that an expert witness should be excluded “go to the weight, not admissibility” of the expert’s testimony, denying the motion and allowing the witness to opine on the medical expenses accrued by a man who alleges that he was injured in a car accident.

  • November 04, 2021

    Magistrate: Inadequate Care Of Disabled Man, Not Discriminatory Animus Alleged

    WHITE PLAINS, N.Y. — The estate of a disabled man who died while in the care of a full-time residential-care facility failed to prove intentionality and discriminatory animus necessary to establish violations of the Rehabilitation Act and Fair Housing Act, a federal magistrate judge in New York ruled Oct. 27 in granting the facility’s motion to dismiss.

  • November 04, 2021

    Arkansas Appeals Court: Spouse Has No Legal Authority In Arbitration Agreement

    LITTLE ROCK, Ark. — An Arkansas appellate court on Oct. 20 affirmed a trial court’s order denying a nursing facility’s motion to compel arbitration for negligence and wrongful death claims because there was “no clear indication in the arbitration agreement to demonstrate whether [the patient’s husband] was signing in an individual or in a representative capacity.”

  • November 04, 2021

    Panel Vacates Ruling In Favor Of Georgia Insurers Insolvency Pool In Its Setoff Suit

    ATLANTA — A Georgia appeals panel on Nov. 3 vacated a lower court’s grant of summary judgment in favor of Georgia Insurers Insolvency Pool that relieved it of its duty to issue payments on a pending workers' compensation benefits claim, finding that Georgia’s State Board of Workers' Compensation has jurisdiction over the Insolvency Pool's claims.

  • November 04, 2021

    State: Talc Labeling Appeal Isn’t Subject To Stay, Petition Isn’t Viable

    WASHINGTON, D.C. — Two Johnson & Johnson entities seek U.S. Supreme Court review of issues not ruled on below and thus questions not before the court now and improperly attempt to delay the case indefinitely by imposing a bankruptcy stay that does not apply to government actions involving health and safety, the state of Mississippi tells the court in a Nov. 3 brief in opposition.

  • November 04, 2021

    Monsanto’s Supreme Court FIFRA Preemption Appeal Fails, Says Roundup Cancer Victim

    WASHINGTON, D.C. — A cancer victim who won $20 million in punitive damages against Monsanto Co. for his exposure to glyphosate, the active ingredient in the herbicide Roundup, on Nov. 3 filed a brief in the U.S. Supreme Court arguing that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt state law causes of action that parallel or are narrower than the federal misbranding standard.

  • November 03, 2021

    TRO Converted To Preliminary Injunction In Police Treatment Class Suit

    MINNEAPOLIS — A motion for preliminary injunction in a putative class complaint by journalists against the city of Minneapolis and police officials over their treatment while covering protests in 2020 following the death of George Floyd was granted by a federal judge in Minnesota on Oct. 28.

  • November 03, 2021

    Untimely Opt-Outs In UCLA Sex Abuse Settlement File Notice Of Appeal

    LOS ANGELES — Six members of a class that settled claims of sexual exploitation by a school gynecologist with the University of California, Los Angeles (UCLA) for $73 million filed a notice of appeal on Nov. 1, approximately a month after a federal judge in California denied their motion for relief filed after they submitted untimely opt-out requests.

  • November 03, 2021

    Appeals Court Finds Expert Testimony Improperly Admitted, Reverses Defense Verdict

    JERSEY CITY, N.J. — A New Jersey trial court erred in admitting expert testimony in a personal injury case stemming from a rear-end collision, a state appellate panel ruled Oct. 22, and “discern[ed] no recourse but to reverse and remand this matter for a new trial.”

  • October 29, 2021

    Dueling Motions To Exclude Liability Experts Granted In Slip-And-Fall Action

    NEW ORLEANS — A Louisiana federal judge on Oct. 19 found that experts put forward by a man injured on a barge and the companies that he alleges are responsible do not meet the admissibility standards set under Daubert v. Merrell Dow Pharmaceuticals Inc., granting two motions to exclude.

  • October 28, 2021

    California Court Says Bankruptcy Stay Doesn’t End Asbestos-Talc Appeal

    SAN FRANCISCO — A California court on Oct. 21 said it doubted whether the automatic bankruptcy stay triggered by the merger-bankruptcy of a Johnson & Johnson subsidiary precluded resolution of the appeal before it and proceeded to make 21 changes to the original opinion but otherwise deny rehearing in a case reviving an action against a pair of Johnson & Johnson entities that involved “two starkly different expert perspectives,” the resolution of which the court said was the jury’s province.

  • October 26, 2021

    Plaintiff Awarded $26.6M From J&J Says Affiliate’s Bankruptcy Doesn’t Stay Case

    OAKLAND, Calif. —  The automatic stay in the bankruptcy of a recently created entity designed to shelter Johnson & Johnson from talc liability does not extend to a case where it is a third party, and relevant law permits pursuit of claims against the now dissolved Johnson & Johnson Consumer Inc., a woman awarded $26.6 million by a jury told a California judge Oct. 18.

  • October 21, 2021

    Illinois Federal Judge Returns Defense Verdict In Atrium Hernia Mesh Injury Trial

    CHICAGO — An Illinois federal jury on Oct. 19 returned a defense verdict for Atrium Medical Corp. after a trial in which a plaintiff alleged that the defendant’s hernia mesh caused a postoperative infection.

  • October 21, 2021

    Counsel Reports Death Of Co-Defendant In Dispute Over Personal Injury Judgment

    SAVANNAH, Ga. — Defendants’ counsel on Oct. 18 reported the death of one of the co-defendants in a commercial auto insurer’s lawsuit filed in a Georgia federal court seeking a declaration that there is no coverage for the insured, its owners and an employee for an underlying $112,466.57 personal injury default judgment.

  • October 21, 2021

    3rd Circuit Affirms Nursing Home COVID Death Cases Belong In State Court

    PHILADELPHIA — Noting that it appears “to be the first circuit court to decide” the issue, the Third Circuit U.S. Court of Appeals on Oct. 20 found that state law COVID-19-related negligence and wrongful death claims against two rehabilitation facilities are not completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act, that the facilities were not acting under the direction of a federal officer and that the claims do not raise a substantial federal question that permits removal, affirming the remand of two putative class actions to New Jersey state court.

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