Law Advice

SEATTLE – A Ninth Circuit U.S. Court of Appeals panel on Jan. 11 certified a question to the Washington Supreme Court, asking if the Washington Product Liability Act permits “relief for emotional distress damages, in the absence of physical injury” in regard to a case where fast food workers allegedly spit in a customer’s food [...]

A New Jersey state appellate court on Wednesday affirmed the setting aside of a $25 million medical malpractice verdict, partly because the plaintiffs attorney misstated an expert’s statistical testimony. View full post on Law.com – Newswire

LOS ANGELES – A jury could not conclude from a man’s recollection of once seeing an asbestos-containing product used inside a home while painting the outside of the structure that his asbestosis arose from exposure to that product, a California appeals court held Jan. 6 (Richard Spencer, et al. v. Supro Corp., No. B230680, Calif. [...]

Even though the U.S. Supreme Court issued a landmark ruling about five months ago that pharmaceutical plaintiffs can’t sue generic drugmakers over drug warnings, plaintiffs lawyers are pushing for a number of theories they say could provide recovery for clients who took generic versions of drugs. View full post on Law.com – Newswire

NEWARK, N.J. – In partially granting a summary judgment motion, a New Jersey federal judge on Dec. 14 held that a plaintiff hospital established that another hospital was liable for paying for medical treatment received by two of its employees at the plaintiff’s hospital but that the amount of damages remained undetermined (Thomas Jefferson University [...]

Dallas Employment Law Specialist Offers Tips to Avoid Legal Liability at the …EIN News (press release)While a company party should be a time for fun and merriment, an employer must prepare carefully to avoid potential legal issues. Dallas employment lawyer Keith Clouse provides the following tips. First, an employer should consider the added legal …and [...]

NEW ORLEANS – The Fifth Circuit U.S. Court of Appeals on Dec. 7 affirmed a lower federal court’s finding that a professional liability insurer has a duty to defend its insured’s subsidiary against allegations that it violated the notice requirements of a Louisiana statute when applying discounts to workers compensation medical bills (Indian Harbor Insurance [...]

BATON ROUGE, La. – A federal judge in Louisiana on Dec. 1 held that successor liability is applicable in a case brought under the Clean Air Act (CAA) by the government and the Louisiana Department of Environmental Quality (LDEQ) against the company that purchased the Big Cajun II coal-fired power plant in New Roads, La., [...]

RICHMOND, Va. – A federal district court erred in holding that pension plan trustees were liable under the Employee Retirement Income Security Act for losses to the plan based on findings that the trustees breached their fiduciary duties to investigate and diversify because the district court did not find that the failure to investigate or [...]

WASHINGTON, D.C. – The U.S. Supreme Court said Dec. 5 that it will not review a federal appeals court ruling that found that an orthopedic device company could be sued for false claims and kickbacks based on certification by health care providers that they comply with federal regulations (Blackstone Medical, Inc. v. United States of [...]