A Georgia court reduced the award in an ObTape Sling product lawsuit against Johnson & Johnson from $4 million to $2.4 million. The judge’s action came as a result of the statutory cap in Georgia that limits recovery to $2 million. Despite the pleading of the plaintiff, the judge reduced the award to the statutory $2 … [Read more...]
Mirena Lawsuit Summary Judgment Upheld by Appellate Court
There are various birth control devices and methods available today, thanks to advances in science and technology. Many of the devices available for birth control have side effects. While some side effects are mild or at least manageable, such as weight gain and nausea, others are more severe and life changing such as those experienced by many … [Read more...]
New Nursing Home Regulations Go into Effect
In response to concerns about sub-optimal nursing home care, the Centers for Medicare & Medicaid Services recently released new nursing home regulations. These regulations have become part of the Code of Federal Regulations (CFR), and they apply to any nursing home that accepts Medicaid or Medicare reimbursement (in other words, almost all of … [Read more...]
California Ruling Opens Doors For Out-Of-State Mass Tort Claims
Since the California Supreme Court ruled on Bristol-Myers Squibb v. Anderson, which allowed out-of-state plaintiffs to seek damages in mass torts in the state, plaintiff lawyers have been deciding how to proceed. Considering the large number of pharmaceutical manufacturers and medical device companies that are either headquartered or have some … [Read more...]
General Motors Requests to Maintain Bankruptcy Shield
On December 13, 2016, General Motors (GM) filed an appeal with the US Supreme Court to have a July ruling overturned which opened the company to liability. In July, the US 2nd Circuit of Court of Appeals ruled that GM could not avoid liability from lawsuits regarding faulty switches in older models that were recalled in 2014. In 2009, GM filed … [Read more...]
Florida Supreme Court Reviews the Constitutionality of “Ex-Parte Communication” Law
On Thursday, the Florida Supreme Court heard arguments regarding the constitutional legality of the “ex-parte communications” process used in medical malpractice cases. The process of ex-parte communications is used by defense attorneys to gather evidence to be used at trial. However, this process may also violate the patient’s privacy rights, … [Read more...]
California DMV Proposes Draft of Autonomous Car Regulations
On October 20, the California Department of Motor Vehicles (DMV) created a draft of regulations that would govern autonomous vehicles. The proposed rules are based off of the National Highway Traffic Safety Administration’s (NHTSA) Federal Automated Vehicles Policy that was made mandatory last month. The draft contains several clauses regarding … [Read more...]
Family Gains $15 Million Settlement After Escalator Incident
The Valdez family received a settlement of $15 million from Macy’s Inc. and Thyssen Krupp Elevator Corporation three years after the daughter of the Valdez family was involved in a serious escalator incident. Background of the Case On August 16th, 2013, Juliana Valdez (10) was shopping at a Macy’s department store at New Jersey’s Garden State … [Read more...]
Delaware Judge Refuses to Dismiss Claims Against Paxil Manufacturers
Delaware Superior Court Judge, Andrea L. Rocanelli, turned down a motion to dismiss four lawsuits against antidepressant Paxil manufacturer GlaxoSmithKline (GSK) on September 13th. GSK requested that Rocanelli dismiss the cases filed in May on the grounds that litigation of the cases in Delaware would cause “overwhelming … [Read more...]
Tesla Launches Autopilot Safety Update
On a conference call on Sunday, Tesla CEO Elon Musk spoke with reporters and stated that the Tesla Model S will receive a global update within the next few weeks. The software update will primarily affect Tesla’s Autopilot feature, which will make the system rely more on the vehicle’s radar instead of attached cameras to detect its surroundings. … [Read more...]
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