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First Jury Verdict In Pelvic Mesh MDL Affirmed By Fourth Circuit

Yesterday, the Fourth Circuit affirmed a jury’s award to a plaintiff of $250,000 in compensatory damages and $1.75 million in punitive damages on a design defect and failure to warn claim against the proprietors of transvaginal mesh medical devices used to treat pelvic organ prolapse and other pelvic issues.  This award was the first of the more than 70,000 similar cases involved...

DOT Proposes New Rule To Assess Motor Carriers’ Safety Compliance

Earlier today, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced a rulemaking proposal to improve the agency’s ability to identify non-compliant motor carriers by integrating on-road safety data from inspections, in addition to the results of carrier investigations and crash reports, into the agency’s safety fitness...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident

In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk.  Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...

Railroad Must Produce Event Recorder Data For Longer Time Period Before Derailment

Following last year’s crude oil train derailment in West Virginia, the railroad brought suit against the company responsible for maintaining the track.  The railroad alleged that the derailment was caused by the defendant company removing anchors from the track in anticipation of replacing the existing rail (the replacement allegedly was supposed to take place the same day as the...

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