Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Posted on May 23, 2014 in Investigations, Product Liability, Transportation | Comments Off on Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries
Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been advised by a neurologist to stop working because of deterioration of his spinal health. The plaintiff...
D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Posted on May 21, 2014 in Construction, Energy/Environmental, Investigations, Process Safety, Product Liability, Transportation, Workplace Safety | Comments Off on D.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when analyzing the privilege status of internal investigation documents in a qui tam action. The...
Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
Posted on May 19, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
The U.S. District Court for the Western District of Oklahoma denied an oil and gas company’s motion for summary judgment that sought to eliminate the plaintiffs’ punitive damages claims. The plaintiffs alleged property damage based on multiple discharges of oil and gas onto their property from the oil and gas company’s neighboring drilling operations. The company admitted to at least...
Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Posted on May 15, 2014 in Investigations, Product Liability, Transportation | Comments Off on Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Yesterday, a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system. At trial, the manufacturer argued that the crash occurred because the teens were lighting fireworks in the car while the plaintiffs blamed the allegedly defective...
U.S. District Judge Excludes FDA 510(k) Evidence in Medical Device MDL
Posted on May 14, 2014 in Investigations, Product Liability | Comments Off on U.S. District Judge Excludes FDA 510(k) Evidence in Medical Device MDL
In an MDL regarding the safety of certain medical devices, the U.S. District Court for the Southern District of West Virginia granted the plaintiffs’ motion in limine to exclude FDA 510(k) evidence related to the FDA’s pre-market notification process on the grounds that the process does not go to the safety or efficacy of medical devices and because of the potential to mislead and...
Pain Pump Manufacturer Obtains Summary Judgment Where Alleged Injuries Not Reasonably Foreseeable at Time of Device’s Use
Posted on May 14, 2014 in Investigations, Product Liability | Comments Off on Pain Pump Manufacturer Obtains Summary Judgment Where Alleged Injuries Not Reasonably Foreseeable at Time of Device’s Use
The Eighth Circuit affirmed a district court’s grant of summary judgment to the manufacturer of a pain pump inserted into a patient’s shoulder to infuse anesthetic while she recovered from surgery in 2002. The patient brought suit alleging that the pain pump caused chondrolysis (the loss of articular cartilage in a joint) on theories of negligence and strict products liability for...
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