Law Advice

TYLER, Texas – Because an insurer’s denial of workers’ compensation benefits was in line with a decision by the Texas Department of Insurance – Division of Workers’ Compensation (DWC), a Texas federal magistrate judge on Jan. 31 found no support for an employee’s bad faith claims (Mark Parmer v. Travelers Indemnity Co., No. 6:11-cv-00311, E.D. [...]

WASHINGTON, D.C. – The U.S. Judicial Panel on Multidistrict Litigation on Jan. 31 ordered the consolidation of personal injury cases brought against the National Football League (NFL) and football helmet manufacturers involving concussion injuries suffered by former football players (In re: National Football League Players’ Concussion Injury Litigation, JPMDL, MDL No. 2323). View full post [...]

DALLAS – An insurer has no duty to defend an underlying lawsuit against its insured because the underlying claimants did not seek damages because of “bodily injury” but instead sought recovery for their economic loss in purchasing a diet and nutritional product that allegedly failed to work, a Texas federal judge found Jan. 30 (CSA [...]

JACKSON, Tenn. – The Tennessee Court of Appeals on Jan. 27 affirmed summary judgment for two construction contractors named as defendants in a premises liability action filed by the parents of a child injured in a church bathroom, agreeing that the claims were time-barred based upon the construction statute of repose (Christopher J. Etheridge, et [...]

GULFPORT, Miss. – The April 15 trial setting of a welding fumes products liability lawsuit transferred from the multidistrict litigation in the Northern District of Ohio to the U.S. District Court for the Southern District of Mississippi was continued until July during a Jan. 23 status conference (Robert E. Jowers v. Lincoln Electric Co. et [...]

ST. LOUIS – The Eighth Circuit U.S. Court of Appeals on Jan. 20 affirmed a defense verdict for a retailer named as the defendant in a personal injury action, concluding that the trial court did not abuse its discretion in denying evidence regarding a prior accident that occurred on the defendant’s property (Bonnie Rodrick v. [...]

TALLAHASSEE, Fla. – In a 5-2 decision reached Jan. 19, the Florida Supreme Court ruled that a farm tractor is a “dangerous instrumentality,” overturning an appellate court decision upholding the dismissal of a personal injury action (James Earl Rippy v. James Shepard, No. SC09-1677, Fla. Sup.; 2012 Fla. LEXIS 73). View full post on LexisNexis® [...]

Catastrophic Personal Injury Law Firm Fadduol, Cluff & Hardy, PC Announces …MarketWatch (press release)The personal injury law firm of Fadduol, Cluff & Hardy, PC has recently launched a new website to support victims of catastrophic personal injury in Texas and New Mexico. LUBBOCK, Texas, Jan. 24, 2012 /PRNewswire via COMTEX/ — A Texas and New [...]

ST. LOUIS – The Eastern District Missouri Court of Appeals on Jan. 17 overturned a defense verdict in a slip-and-fall injury action filed by a neurosurgeon who was injured while working at a hospital, concluding that the trial court erred by excluding expert testimony on the topic of properly transporting liquids in a medical center [...]

DENVER – A federal judge in the U.S. District Court for the District of Colorado on Jan. 17 held that a plaintiff’s Medicare lien is inadmissible under the collateral source rule to show damages incurred in a personal injury lawsuit (Francisco Torres v. Commerce City Policy Officer Michael Kim, et al., No. 10-cv-01793, D. Colo.; [...]