Mealey's Personal Injury

  • September 28, 2021

    Federal Judge Says Expert Is Qualified, But Defers Ruling On Causation Testimony

    BATON ROUGE, La. — A Louisiana federal judge on Sept. 17 ordered a hearing to determine the admissibility of an expert’s opinion on injury causation in a case in which the parties dispute the injuries a man sustained in a collision with a truck, but the judge otherwise denied the man’s motion to exclude under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • September 27, 2021

    Florida Appellate Court: Arbitration Clause Not Enforced As To Lessee

    TAMPA, Fla. — A Florida appellate court on Aug. 20 affirmed a trial court ruling that an arbitration agreement between a builder and lessor could not be enforced as to a lessee who sustained a traumatic brain injury in a fall through an attic floor that allegedly had a latent design and construction defect.

  • September 27, 2021

    Motion To Exclude, Summary Judgment Granted In Suit Against Motorcycle Company

    MARTINSBURG, W.Va. — An expert’s opinions on what caused a fatal accident are “bare conclusions without reliable support,” a West Virginia federal judge said Sept. 22, granting a motorcycle company’s motion to exclude the witness and awarding it summary judgment, finding that without his testimony, the decedent’s estate cannot establish a liability claim.

  • September 23, 2021

    Expert Opinions Convince California Court To Revive Asbestos-Talc Case Against J&J

    SAN FRANCISCO — Even excluding a nonwitness expert’s talc testing results as hearsay, a second expert provided sufficient grounds on which to trace asbestos from talc mines to the finished product a man used for decades, a California appeals court said in applying de novo review and reversing summary judgment for two Johnson & Johnson entities on Sept. 21.

  • September 20, 2021

    Federal Judge Dismisses All But Insured In Dispute Over Slip And Fall Injury

    SAN JUAN, Puerto Rico — Almost two months after a federal judge in Puerto Rico granted Puerto Rico Miscellaneous Insurance Guaranty Association’s motion to dismiss a lawsuit seeking liability for damages arising from a slip-and-fall injury that allegedly occurred at the insured’s premises, the judge granted the plaintiff’s motion to voluntarily dismiss all defendants except the insured.

  • September 16, 2021

    Pennsylvania Nursing Home Appeals Denial Of Motion To Dismiss COVID Death Suit

    PHILADELPHIA — A county-owned nursing home on Sept. 1 indicated its intent to appeal to the District of Columbia Circuit U.S. Court of Appeals a federal judge in Pennsylvania’s Aug. 5 order denying dismissal of a wrongful death suit filed against it by the family of a resident who died from COVID-19, saying that is the proper jurisdiction for an appeal arising under the Public Readiness and Emergency Preparedness (PREP) Act; the judge in his order found that the act did not apply to the case.

  • September 16, 2021

    Federal Agency Alone May Impose Cosmetic Labeling, J&J Tells Supreme Court

    WASHINGTON, D.C. — Courts are “hopelessly split” on whether preemption occurs only after federal agency notice-and-comment rule-making, and absent clarity, manufacturers and consumers face myriad warnings and labels, two Johnson & Johnson entities tell the U.S. Supreme Court in an Aug. 30 petition urging review of a Mississippi Supreme Court ruling allowing consumer protection claims involving the lack of warning about the dangers of ovarian cancer from consumer talc use.

  • September 15, 2021

    Mass. High Court Says Tobacco Settlement Doesn’t Preclude Punitives For Widow

    BOSTON — The Massachusetts Supreme Judicial Court on Sept. 15 affirmed a jury award of $21 million in compensatory and punitive damages to a smoker’s widow, ruling that the state’s entry into a 1998 Master Settlement Agreement (MSA) did not preclude punitive damages because the state’s attorney general in entering the MSA did not represent the widow’s statutory interest in her wrongful death action.

  • September 14, 2021

    3M Seeks 8th Circuit En Banc Rehearing Of Expert Ruling In Bair Hugger MDL

    ST. LOUIS — 3M Co. on Sept. 13 petitioned the Eighth Circuit U.S. Court of Appeals for a rehearing or en banc rehearing of the court’s Aug. 16 decision to reverse summary judgment that effectively revived the Bair Hugger patient warmer infection multidistrict litigation, saying the ruling admitting plaintiffs’ expert testimony is inconsistent with U.S. Supreme Court precedent and the applicable federal rule of evidence.

  • September 14, 2021

    California Court Affirms Bowling Ball Asbestos Verdict

    LOS ANGELES — Evidence that a company advertised its asbestos as good for use in bowling balls, an employee’s testimony that the manufacturer used asbestos in its product and testimony about work conditions and exposure levels go beyond speculative evidence of exposure, and expert testimony on causation suffices, a California court said Sept. 13 in affirming.

  • September 14, 2021

    9th Circuit Affirms Summary Judgment For Pop Warner In Head Injury Suit

    PASADENA, Calif. — Two parents of youth football players diagnosed with chronic traumatic encephalopathy (CTE) post-mortem failed to show that the football program in which they participated was “likely” to have caused their deaths, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 10, affirming a summary judgment ruling for the program on claims brought under California law but ordering that the complaint be amended nunc pro tunc to reflect the state in which the parents are citizens.

  • September 14, 2021

    Ex-Inmate’s Experts Can Testify To Policy, Not Legal Conclusions, Judge Says

    KANSAS CITY, Mo. — A Missouri federal judge on Sept. 7 agreed to limit the testimony of experts retained by a former prison inmate who accuses correction officers of sexually assaulting her while she was incarcerated, excluding opinions that usurp a jury’s fact-finding role.

  • September 10, 2021

    High Court Seeks Response To Assisted Living Facility’s Arbitration Cert Petition

    WASHINGTON, D.C. — The U.S. Supreme Court on Sept. 7 granted the request of the daughter of a deceased assisted living facility to extend the time to respond to its owners and operators’ petition asking the court to determine “whether the FAA 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.”

  • September 10, 2021

    1st Bard/Davol Hernia Mesh MDL Bellwether Trial Ends In Defense Verdict

    COLUMBUS, Ohio — The first bellwether trial in the Davol hernia mesh multidistrict litigation resulted in a defense verdict for C.R. Bard Inc. and Davol Inc. on Sept. 8 after a 22-day trial in Ohio.

  • September 10, 2021

    Federal Judge Limits Testimony From Expert, Bars Opinions On Medical Causation

    NEW ORLEANS — A biomechanical expert testifying in a car accident case cannot offer a causation opinion, a federal judge in Louisiana said Aug. 26, but otherwise ruled that her testimony meets the requirements set under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • September 10, 2021

    Hotel, Lodging Expert OK’d In Slip And Fall Outside Casino, Federal Judge Says

    CAMDEN, N.J. — A casino operator on Aug. 31 lost its bid to exclude a hotel and lodging industry expert retained by a woman who alleges that she fell outside its facility when a federal judge in New Jersey found that the expert was qualified to testify under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • September 09, 2021

    Sexual Harassment Plaintiffs Compelled To Provide Answers, Documents To University

    ANCHORAGE, Alaska — Six former graduate students who sued the University of Alaska (UA) and a former faculty member for incidents of sexual harassment must provide documents and answers in response to interrogatories and requests for production (RFPs) from the university, an Alaska federal judge ruled Sept. 2, deeming the plaintiffs’ objections to be legally insufficient and finding the information sought to be relevant to the plaintiffs’ claims.

  • September 08, 2021

    U.S. High Court:  Cancer Victim Must Respond To Monsanto’s Petition About Roundup

    WASHINGTON, D.C. — In a note posted to the docket on Sept. 3, the U.S. Supreme Court requested that a glyphosate cancer victim respond to Monsanto Co.’s petition for writ of certiorari regarding preemption of failure-to-warn claims for the herbicide Roundup under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

  • September 07, 2021

    Florida Jury Awards $43M To Family Of Deceased Smoker In Engle Trial

    MIAMI — A Florida jury on Sept. 3 awarded $43 million in compensatory and punitive damages to the widower and three children of a woman who smoked for 40 years and died from lung cancer in her 50s in one of the first in-person Engle trials since COVID-19 courthouse restrictions were lifted. VIDEO FROM THE TRIAL IS AVAILABLE.

  • September 07, 2021

    Expert Can Testify In Case Against Doctor In Overdose Death, Federal Judge Says

    SCRANTON, Pa. — An expert retained by the United States can testify that medication prescribed by a doctor contributed to the death of a woman who overdosed on opioids, a Pennsylvania federal judge said Aug. 20.

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