News
Litigation
- [03/10] Feds probe Toyota Prius crash in NYC suburb
- [03/10] NYC wins right to keep famed restaurant name
- [03/10] Oligarch wins suit against Russian broadcaster
- [03/10] Animal activists target Calif. sushi restaurant
- [03/10] Products recalled due to possible salmonella risk
- [03/09] Prius driver's 911 call: 'My car can't slow down'
- [03/09] Feds to probe cause of runaway Prius in California
- [03/08] Stay tuned: More fee disputes over local TV coming
- [03/08] Tax season bringing out the fraud artists
- [03/08] GE: Limit PCB contamination during Hudson dredging
- [03/08] Court will hear case about vaccine side effects
Medical Devices
- [02/25] Obama open to curbing medical malpractice suits
- [02/25] Medical scan makers to install radiation controls
- [02/09]
Personal Injury
- [03/10] Feds probe Toyota Prius crash in NYC suburb
- [03/10] CDC uses shopper-card data to trace salmonella
- [03/10] Workers stuck on open drawbridge in Fla. rescued
- [03/09] SUV backs into Mich. school; 6 students injured
- [03/09] Superintendent accidentally fires gun during class
- [03/09] Park, slain trainer's family want video suppressed
- [03/09] Hoped-for drop in childbirth deaths not happening
- [03/09] Ohio State janitor's gunfire kills co-worker, self
- [03/09] Pa. suit: Bank wrongly repossessed home, took bird
- [03/08] UN says mother-child HIV can be eliminated by 2015
- [03/08] Co. owner indicted in deadly NYC crane collapse
Product Liability
- [03/10] Tainted ingredient sold after salmonella found
- [03/10] Runaway Prius driver: Brakes were 'almost burned'
- [03/10] FDA: Medtronic brain stimulator missed study goal
- [03/10] Police probe Toyota Prius crash in NYC suburb
- [03/09] Manufacturer expands pet food recall
- [03/09] Prius with stuck accelerator glides to safe stop
- [03/08] Roche suspends arthritis drug study after deaths
- [03/08] Toyota disputes critic who blames electronics
- [03/05] Australian court: Vioxx doubled heart attack risk
- [03/05] Intermune shares surge as FDA reviews lung drug
- [03/04] Gov't slow in efforts to force safer window blinds
Case Summaries
Injury & Tort Law
[03/10]
Primiano v. Cook
In an action against the manufacturer of an artificial elbow, summary judgment for defendant is reversed where the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.
[03/10]
Fortis Corp. Ins. SA. v. Viken Ship Mgmt. AS
In a maritime shipping case involving a claim for rust damage to steel coils caused by exposure to seawater during a journey from Poland to Ohio, judgment of the district court is affirmed where: 1) a ship manager charged with providing a Master, officers and crew, and performing various other ship-management tasks for the shipping vessel does not qualify as a "carrier" under the Carriage of Goods by Sea Act (COGSA), and thus the COGSA's one year-statute of limitations does not bar the underlying suit; and 2) defendant's claim that the district court's finding of negligence was based on clearly erroneous factual findings is rejected.
[03/10]
Cameron v. N.Y.
In an action for false arrest and malicious prosecution, judgment for defendant-officers is reversed where: 1) prosecutors' opinions as to probable cause and complaining officers' credibility are irrelevant in virtually all cases involving claims of malicious prosecution; and 2) the introduction of such evidence was not harmless because it provided strong external validation for propositions that otherwise would have come in only from the defendants' mouths.
[03/09]
Zia Trust Co. v. Montoya
In an action for excessive force brought by family members of a man defendant-officer shot and killed while responding to a domestic disturbance, denial of summary judgment based on qualified immunity is affirmed where the court could not say that a van fifteen feet away, which according to the plaintiffs was clearly stuck on a pile of rocks, gave defendant probable cause to believe that there was a threat of serious physical harm to himself or others that would justify his use of force.
[03/09]
McGuan v. Endovascular Techs., Inc.
In plaintiffs' products liability action against the makers of a device for use by surgeons to treat abdominal aortic aneurysms, for injuries suffered after they were implanted with the device, grant of defendants' motion for a summary judgment is affirmed where: 1) plaintiffs' fraud claims of FDA violations are preempted under Buckman; 2) the trial court did not err in denying plaintiffs' motions to amend their complaints; and 3) the trial court did not abuse its discretion in granting defendants' motion to seal documents.
[03/09]
Seltzer v. Barnes
Trial court's denial of defendant's anti-SLAPP motion, arising from an underlying suit involving claims against a property management company and homeowners' association, is reversed where: 1) the trial court erred in concluding plaintiff's two causes of action against defendant do not arise from speech or petitioning activity where his alleged conduct was the negotiation of a settlement in the prior case; and 2) because defendant may not be held liable for the alleged conduct under the litigation privilege, plaintiff has failed to show a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress.
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