Posts tagged as:

asbestos

Torts roundup

by Walter Olson on March 6, 2013

  • Despite sparseness of evidence, lawyers hope to pin liability on hotel for double murder of guests [Tennessean]
  • Celebrated repeat litigant Patricia Alice McColm sentenced after felony conviction for filing false documents in Trinity County, Calif. [Trinity Journal, more, Justia, earlier] Idaho woman challenges vexatious-litigant statute [KBOI]
  • “2 Florida Moms Sentenced for Staged Accident Insurance Fraud” [Insurance Journal, earlier]
  • With Arkansas high court intent on striking down liability changes, advocates consider going the constitutional amendment route [TortsProf] Fifth Circuit upholds Mississippi damages caps [PoL]
  • What states have been doing lately on litigation reform [Andrew Cook, Fed Soc] Illinois lawmakers’ proposals [Madison-St. Clair Record] Head of Florida Chamber argues for state legal changes [Tampa Tribune]
  • Crowd of defendants: “Ky. couple names 124 defendants in asbestos suit” [WV Record]
  • A bad habit of Louisiana courts: “permitting huge recoveries without proof of injury” [Eric Alexander, Drug and Device Law]

Product liability roundup

by Walter Olson on January 25, 2013

{ 1 comment }

January 9 roundup

by Walter Olson on January 9, 2013

{ 2 comments }

Torts roundup

by Walter Olson on December 14, 2012

{ 6 comments }

“In answers to interrogatories, [the mesothelioma-diagnosed] plaintiff identified Colgate’s Cashmere Bouquet talcum powder as the sole source of her asbestos exposure.” [Ron Miller]

Product liability roundup

by Walter Olson on October 17, 2012

  • “Judge in Asbestos Litigation Says Navy Ships Aren’t Products” [Legal Intelligencer]
  • NYT goes in search of the trial lawyers’ case on the Blitz gas can bankruptcy [earlier here, here]
  • Gun control lobby hails as “groundbreaking” NY appellate court allowing suit against gun manufacturer [WSJ Law Blog, NYLJ]
  • “Mechanical Bull Tosses Rider, Prevails in Court” [Abnormal Use]
  • Well-known expert witness pops up in consumer popcorn injury case [Drug and Device Law] 2004 Missouri workplace exposure case: “‘Popcorn Lung’ Couple Gets $20M Award, Files for Bankruptcy” [ABC News]
  • “Bumbo Baby Seat Recalled Because It Is Only 99.999475% Safe” [Skenazy, Agitator]
  • “Summary Judgment For Crocs in Massachusetts Escalator Injury Case” [Abnormal Use]

{ 1 comment }

An MDL judge says no-go to unimpaired plaintiffs [David Oliver] “Judge Tosses 1,600 Asbestos Cases, Rules Scarred Lungs Not an Injury” [Legal Intelligencer]

Product liability roundup

by Walter Olson on October 1, 2012

  • “Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
  • An expert witness wore two hats [Chamber-backed Madison County Record]
  • 5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
  • “Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
  • Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
  • “Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
  • “What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]

{ 2 comments }

Torts roundup

by Walter Olson on July 19, 2012

  • Dixon v. Ford Motor Company: “The Best Causation Opinion of 2012″ [David Oliver] “Any exposure” causation: “Pennsylvania Supreme Court delivers significant asbestos ruling” [Point of Law]
  • Maryland high court may consider pro-plaintiff shift from contributory negligence to comparative fault [Sean Wajert]
  • In last-minute ploy, Albany lawmakers extend time limits for suing local governments [Torch via PoL, Times-Union]
  • Mental diagnoses: what to do when courtroom experts armed with DSM-5 shoot from the hip [Jim Dedman, Abnormal Use]
  • California appeals court, legislature decline to go along with trial lawyers’ crusade against Concepcion and class arbitration waivers [WLF, CL&P]
  • Critics challenge legality of Louisiana AG’s use of contingency lawyers [Melissa Landry, Hayride]
  • To curb client solicitation, NJ mulls withholding crash reports from noninterested parties for 90 days [NJLRA]

{ 1 comment }

Torts roundup

by Walter Olson on July 6, 2012

  • House Judiciary passes measure (FACT Act) promoting transparency of asbestos trusts, could preserve assets for honest claimants by curbing n-tuple dippers [Harold Kim/US Chamber, Ted Frank] “$48 million jackpot justice asbestos award for 86-year-old” [Frank]
  • Canadian court: car crash caused chronic cough [Magraken]
  • Push in Connecticut legislature to ease expert testimony threshold, thus enabling more med-mal suits [Zachary Janowski, Raising Hale]
  • Georgia court: residents on notice of wild alligators, golf club not liable for elderly woman’s demise [Daily Report]
  • “NYT is inconceivably shocked that NYC defends itself in lawsuits instead of blindly writing multimillion $ checks.” [@tedfrank]
  • Arizona court declines Third Restatement’s invitation to gut duty prerequisite in tort law [David Oliver]
  • Vintage insurance fraud: “The Slip-and-fall Queen” [Brendan Koerner via @petewarden]
  • Relaxation of fault in auto cases: “Richard Nixon’s Torts Note” [Robinette, TortsProf] “Reforming the Reform: No-Fault Auto Insurance” [same]

Torts roundup

by Walter Olson on June 15, 2012

  • “Fla. jury awards $75M to family of dead smoker” [AP] Bad trends catch on 10+ years later up North: Quebec becomes fifth province to sue tobacco companies [Montreal Gazette] We passed a law to let us win, so there: “Manitoba sues tobacco companies” [provincial press release]
  • “Can There Be Liability When Sending Texts To A Driver?” A debate [Ray Mollica and Mark Bower, Turkewitz; earlier here and here]
  • Ted Frank vs. Ron Unz on Vioxx health effects [PoL, American Conservative]
  • Major Florida PI firm denies State Farm claims-inflation allegations [Orlando Sentinel]
  • East St. Louis, Ill.: jury awards nearly $179 million to 3 injured grain elevator workers [Post-Dispatch]
  • Siding with plaintiff’s bar, Minnesota Gov. Dayton vetoes legislation reducing state’s general statute of limitations from six years to four, reducing prejudgment interest from current 10%/year, reforming offer of settlement rules, and allowing interlocutory class certification appeal [NFIB] He does however sign one protecting state/local governments [Star-Trib]
  • Multiple asbestos claims raise eyebrows in Delaware [SE Texas Record] On trends in asbestos litigation [Ben Berkowitz, Reuters]

{ 1 comment }

April 25 roundup

by Walter Olson on April 25, 2012

{ 2 comments }

April 11 roundup

by Walter Olson on April 11, 2012

  • “Public pool owners struggle to meet chair-lift deadline” [Springfield, Ill. Journal-Register, earlier]
  • Punitive damages aren’t vested entitlement/property, so why the surprise they’d be cut off in an administered Chrysler bankruptcy? [Adler]
  • More on how Violence Against Women Act (VAWA) reauthorization would chip away rights of accused [Bader, Heritage, earlier]
  • Defending sale of raw milk on libertarian principle shouldn’t mean overlooking its real risks [Greg Conko/CEI; Mark Perry on one of many heavy-handed enforcement actions against milk vendors]
  • More tributes to longtime Cato Institute chairman Bill Niskanen [Regulation magazine (PDF), earlier]
  • Asbestos lawyers wrangle about alleged swiping of client files [Above the Law]
  • “Nathan Chapman & Michael McConnell: Due Process as Separation of Powers” [SSRN via Rappaport, Liberty & Law]

{ 1 comment }

“A state court judge in Madison County, Ill., [has] ordered an end to the court’s practice of allotting trial dates to local asbestos plaintiffs firms before they had filed any cases. The order was hailed by defense advocacy groups like the U.S. Chamber of Commerce and the American Tort Reform Association, which have long criticized Madison County’s system on the grounds that it allowed local firms to market their trial slots to out-of-state plaintiffs.” [AmLaw Litigation Daily, sub-only; Chamber-backed Madison County Record]

“This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos had arrived there by rail.” [Chamber's Madison County Record, more; background on "asbestos conspiracy" line of Illinois cases, LNL]

February 6 roundup

by Walter Olson on February 6, 2012

  • “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
  • Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
  • How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
  • “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
  • “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
  • Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
  • U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]

{ 1 comment }

January 31 roundup

by Walter Olson on January 31, 2012

  • Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
  • “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
  • Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
  • Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
  • Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
  • Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
  • Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

{ 2 comments }

“A Mississippi court has reversed a $322 million asbestos verdict against Union Carbide — believed to be the largest in U.S. history — after the judge failed to disclose his own father had pending asbestos litigation against the same company. … The jury ruled for Brown even though nine treating physicians, an independent medical examiner and an X-ray technician all testified that the plaintiff had no symptoms of asbestos-related disease.” [Daniel Fisher, Forbes; earlier here, here and here]