Judge In Surgical Mesh Products MDL Warns Parties Of Cumulative Expert Testimony
Posted on Jul 14, 2014 in Investigations, Product Liability | Comments Off on Judge In Surgical Mesh Products MDL Warns Parties Of Cumulative Expert Testimony
As part of seven MDLs involving surgical mesh products manufactured to treat female stress urinary incontinence, the presiding judge sorted through a number of Daubert expert challenges last week. The cases are assigned to U.S. District Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia. In one of the cases involving a medical device that...
Supreme Court Of Texas Provides “Much-Needed Clarity” To Texas Spoliation Jurisprudence
Posted on Jul 11, 2014 in Investigations | Comments Off on Supreme Court Of Texas Provides “Much-Needed Clarity” To Texas Spoliation Jurisprudence
On July 3, the Supreme Court of Texas issued a significant opinion in Brookshire Brothers, Ltd. v. Jerry Aldridge, No. 10-0846 (Tex. 2014), that clarifies the standards governing the spoliation of evidence in Texas as well as the parameters of a trial court’s discretion to impose a remedy upon a finding of spoliation. The 6-3 decision includes a number of notable holdings, including...
Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
Posted on Jul 10, 2014 in Construction, Investigations, Product Liability | Comments Off on Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly injured after his inflated air mattress unexpectedly popped and collapsed. The defendants...
Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
Posted on Jul 7, 2014 in Investigations, Litigation, Transportation | Comments Off on Kansas Appellate Court Agrees That Independent Medical Examiner’s Report Was Properly Excluded After Improper Contact By Counsel
The Court of Appeals of Kansas affirmed a decision from the state’s Workers’ Compensation Board to exclude the testimony and report of an independent medical examiner as a sanction for the claimant’s counsel’s violation of a no-contact order. The case involved a worker that performed maintenance for an aircraft company for 30-plus years and complained of multiple back injuries. ...
PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Posted on Jul 2, 2014 in Investigations, Process Safety | Comments Off on PHMSA Holds Second Public Forum On Recommended Practice For Pipeline Safety Management Systems; Publication Expected In December
Today, the U.S. Pipeline and Hazardous Material Safety Administration (PHMSA) hosted its second public forum to discuss the emerging recommended practice for Pipeline Safety Management Systems (PSMS), American Petroleum Institute RP 1173. Members of the development team discussed the ten essential elements for a PSMS identified in the recommended practice: (1) leadership and...
D.C. Circuit Issues Writ of Mandamus and Vacates Document Production Order in Closely Watched Internal Investigations Case
Posted on Jul 1, 2014 in Investigations | Comments Off on D.C. Circuit Issues Writ of Mandamus and Vacates Document Production Order in Closely Watched Internal Investigations Case
Earlier this year, the U.S. District Court for the District of Columbia held that privilege did not apply to a defense contractor’s internal investigation of alleged fraud because the majority of the work was conducted by non-attorneys, the internal investigation was undertaken in the normal course of business to ensure regulatory compliance, the attorneys in charge were in-house...
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