Mealey's Personal Injury : Mealey's : Legal News & Analysis

Mealey's Personal Injury

July 03, 2024
Death Suit Against Memory Care Facility Assigned To Magistrate For Mediation

JEFFERSON CITY, Mo. — A Missouri federal magistrate judge on July 2 was assigned to alternative dispute resolution (ADR) through a notice of inclusion in a mediation program in a wrongful death suit filed the previous day against a memory care facility and a related entity asserting that the defendants acted negligently in failing to implement safety procedures and provide adequate staffing to prevent a former’s resident’s “avoidable” fall, which purportedly led to his death.
June 28, 2024
COMMENTARY: Courts Must, As Recently Reminded, Follow The Law In Rule 702 Expert Testimony Determinations

By Erin Sheley
June 28, 2024
High Court Overrules Chevron Deference, Changes Standard For Regulatory Review

WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.
June 28, 2024
N.J. Jury Awards $600K To Estate In Wrongful Death Suit Over Improper Restraint

NEW BRUNSWICK, N.J. — A New Jersey state court jury returned a $600,000 verdict against a behavioral health facility and its employees related to the death of a patient who incurred blunt force trauma to his head and spine when he was improperly restrained, attributing 35% fault to the mental health technician who restrained the decedent and 65% fault to his supervisor.
June 28, 2024
Oregon Court Reverses $10M Asbestos Award Based On California Workers’ Comp Law

PORTLAND, Ore. — A trial court erred in granting a plaintiff partial summary judgment after concluding that it was the defendant’s burden to demonstrate that California’s workers’ compensation exclusivity provision applied to an asbestos case, the Oregon Court of Appeals said in an unpublished opinion, reversing a $10 million loss-of-consortium award.
June 27, 2024
Asbestos Defendant Says Proper Bond Will Be Filed After Asbestos Verdict Dispute

LOS ANGELES — Parties to a more than $3 million judgment in an asbestos case appear to have resolved a dispute over the bond required for an appeal, with the defendant saying a proper bond should be filed before a hearing next month.
June 27, 2024
Parties Settle Wrongful Death Suit Over Alligator Attack In 55-Plus Community

FORT PIERCE, Fla. — The personal representative of the estate of a Florida retirement community resident who died after an alligator attacked her near her home settled a wrongful death suit filed in a Florida state court against the company operating the community, asserting that the woman’s death resulted from the company’s negligence in failing to remove the alligators or to warn of the danger caused by them.
June 27, 2024
Federal Judge: Both Parties’ Causation Experts Are Out In Boating Injury Case

NEW ORLEANS — Reports by dueling experts who offer opposite opinions on who is at fault for a boating accident “are deficient in identical ways,” a Louisiana federal judge ruled, granting both parties’ motions to exclude.
June 27, 2024
Deputies, Man Settle Excessive Force Claims After Judge Allows Expert Testimony

NEW ORLEANS — A Louisiana federal judge ordered that a case alleging excessive force by police be dismissed after being told that the parties had reached an agreement two days after ruling that an expert retained by the defendants could testify that the police deputies acted in accordance with policing standards and protocols.
June 26, 2024
Utah Appeals Court Orders New Trial After Finding Expert Wrongly Excluded

SALT LAKE CITY — An expert retained by a woman in a medical negligence suit in a Utah state court was wrongly excluded from offering an opinion on causation, a state appeals court ruled, reversing a grant of judgment as a matter of law and remanding for a new trial.
June 21, 2024
Experts Can Testify In Car Accident Case; Arguments ‘Fodder For Cross-Examination’

ALBUQUERQUE, N.M. — An expert’s failure to consider certain data is not grounds for exclusion but “best presented on cross-examination and resolved by a jury,” a federal magistrate judge in New Mexico ruled, denying a motion to exclude filed in a case stemming from injuries from a car accident.
June 14, 2024
Norfolk Southern: Third-Party Defendant’s Bid To Seal Is ‘Misleading On The Facts’

YOUNGSTOWN, Ohio — Norfolk Southern Railway Co. and Norfolk Southern Corp. (Norfolk Southern, collectively) filed a brief in Ohio federal court arguing that it should deny a motion to seal expert reports filed by a third-party defendant in the litigation stemming from alleged injuries from the release of toxic chemicals at the 2023 train derailment in East Palestine, Ohio, arguing that the motion to seal is “misleading on the facts.”
June 14, 2024
Panel: Lower Court Wrongly Found Arbitration Binding In Suit Against Care Home

CLEVELAND — An Ohio appellate court on June 13 reversed and remanded a lower court’s ruling that found an arbitration agreement binding for a survivorship claim in a suit filed against a nursing home by the administrator of the estate of a former resident, finding that the lower court erred in requiring arbitration of the claim because the administrator lacked authority to enter into the arbitration agreement.
June 14, 2024
Florida Jury Awards $16M To Dead Smoker’s Widow And Son

MIAMI — A Florida state court jury in a June 13 Phase 2 verdict awarded $10 million in punitive damages against a tobacco company, which will be added to its previous compensatory damages award of $6 million, for causing a smoker’s addiction to nicotine and death from lung cancer. VIDEO FROM THE TRIAL IS AVAILABLE.
June 14, 2024
Trial Court Erred In Excluding Experts In Design Defect Case, 11th Circuit Says

ATLANTA — The 11th Circuit Court of Appeals held that a trial court “applied an incorrect legal standard in excluding portions of the experts’ testimony and that this error infected its summary judgment decision,” reversing and remanding a design defect and injury case stemming from a fall out of a climbing tree stand while hunting.
June 13, 2024
Quartz Countertop Defendant Denies Liability In Silicosis Case Brought By Worker

SANTA ANA, Calif. — One of the defendants sued by a worker with silicosis who says he was injured by exposure to crystalline silica while cutting quartz countertops has filed an answer in California state court denying all allegations and asserting 42 affirmative defenses, including that the complaint fails to state facts sufficient to constitute a cause of action.
June 13, 2024
Philip Morris Urges Panel To Reduce $1M Award To Smoker’s Estate

MIAMI — A tobacco company in a June 12 brief to the Florida Third District Court of Appeal argues that a smoker’s estate didn’t present evidence that the smoker relied on tobacco company statements to support the jury’s finding of intentional tort liability and urges the court to reduce the estate’s $1 million verdict to $240,000.
June 12, 2024
Massachusetts AG Announces $4M Understaffing Settlement With Care Home Operator

BOSTON — Following an investigation into understaffing at nursing homes operated by Next Step Healthcare LLC, the Massachusetts attorney general announced that specified state agencies and her office, in its largest nursing home settlement, resolved allegations of nursing home neglect regarding Next Step’s failure to protect residents at the 16 nursing homes it operates, requiring Next Step and related parties to pay $4 million and to fund and participate in compliance monitoring to improve staffing levels.
June 11, 2024
Gilead Agrees To Pay $40M To Settle Claims It Held Back Safer HIV Drug

OAKLAND, Calif. — Gilead Sciences Inc. has agreed to pay up to $40 million to settle the claims of more than 2,600 plaintiffs who allege that they suffered injuries to their kidneys and bones while the company withheld a safer alternative to an HIV medication, the company announced.
June 10, 2024
$25M Settlement Between Flint Residents, Engineering Firm Gets Initial Approval

ANN ARBOR, Mich. — According to a note on the docket in the litigation for the water crisis in Flint, Mich., a federal judge in the state has granted preliminary approval to a $25 million settlement for the claims of residents and businesses that sued an engineering firm that was involved in making the decision to switch the local water supply to the Flint River, which precipitated the lead-contaminated water crisis.
June 07, 2024
Fla. Supreme Court Lifts Stay On Husband’s Appeal Of Reversed $157M Engle Verdict

TALLAHASSEE, Fla. — After issuing a recent opinion in a tagged case, the Florida Supreme Court on June 6 lifted a two-year stay on an appeal filed by a dead smoker’s widower of an appellate panel’s reversal of a $157 million Engle verdict and ordered two tobacco companies to show cause why it should not quash the reversal and remand the case in light of new precedent.
June 07, 2024
Smoker’s Daughter Can Pursue Punitives Despite Past Verdicts, Florida Panel Says

WEST PALM BEACH, Fla. — A Florida appellate panel affirmed a trial court’s ruling allowing a dead smoker’s daughter to add a claim for punitive damages to her wrongful death complaint against two tobacco companies, rejecting the companies’ argument that her claim is barred by Florida’s punitive damages statute because they have previously paid “hundreds of millions” of dollars in punitive damages for similar claims.
June 05, 2024
Florida Jury Awards Smoker’s Daughters $9.3M After Retrial

FORT LAUDERDALE, Fla. — A Florida state court jury awarded more than $9.3 million to the three daughters of an addicted smoker who died after contracting coronary artery disease (CAD) and chronic obstructive pulmonary disease (COPD), one decade after an earlier verdict for one-third of the damages against R.J. Reynolds Tobacco Co. (RJR) was set aside by the trial judge. VIDEO FROM THE TRIAL IS AVAILABLE.
June 05, 2024
Judge Cuts $2.25B Award In Philadelphia Roundup Case To Just Over $404.3 Million

PHILADELPHIA — A judge in Pennsylvania state court on June 4 drastically reduced a $2.25 billion damages award against Monsanto Co. to $404,308,904.11 in a lawsuit brought by a man who said exposure to the herbicide Roundup caused him to develop cancer; the judge did not elaborate on his reasoning for reducing the award. In an official statement, Monsanto said that despite the reduced award, it will appeal the verdict because it was “marred by significant and reversible errors.”
June 04, 2024
Oregon Jury Awards Couple $260 Million In J&J Asbestos-Talc Case

PORTLAND, Ore. — An Oregon jury on June 3 awarded a couple $200 million in punitive damages and $60 million in compensatory damages for a South Korean immigrant’s mesothelioma caused by her lifelong asbestos exposure to Johnson & Johnson (J&J) talc products. VIDEO FROM THE TRIAL IS AVAILABLE.