Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Posted on Jan 9, 2015 in Investigations, Product Liability, Transportation | Comments Off on Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Yesterday, the U.S. District Court for the Eastern District of Tennessee and the U.S. District Court for the District of Nebraska issued opinions addressing challenges to proffered plaintiffs’ expert testimony in product liability cases. In the Nebraska case, which involved injuries sustained from a fall off a ladder, the court excluded the plaintiff’s expert opinion that...
California Federal Court Prevents Product Liability Plaintiff From Changing Case Theory On Eve Of Trial
Posted on Jan 7, 2015 in Investigations, Product Liability | Comments Off on California Federal Court Prevents Product Liability Plaintiff From Changing Case Theory On Eve Of Trial
While installing an industrial switchboard, a California worker sustained serious injuries and brought suit against the switchboard manufacturer alleging defective design. Under California law, a tort claim for strict liability based on design defect can proceed under two theories: the risk-benefit test, which asks whether the benefits of the challenged design outweigh the risk of...
“Any Exposure” Asbestos Theory Rejected By Illinois Federal Court
Posted on Jan 4, 2015 in Energy/Environmental, Investigations, Product Liability | Comments Off on “Any Exposure” Asbestos Theory Rejected By Illinois Federal Court
The U.S. District Court for the Northern District of Illinois will exclude the opinions of two proffered experts who were going to testify to the “Any Exposure” theory of asbestos exposure in a personal injury case. That theory posits that any exposure to asbestos fibers at all constitutes an underlying cause of injury to the individual exposed. In excluding the...
Indictments In West Virginia Water Contamination Case Reminder Of Potential Criminal Consequences
Posted on Dec 18, 2014 in Energy/Environmental, Investigations, Process Safety | Comments Off on Indictments In West Virginia Water Contamination Case Reminder Of Potential Criminal Consequences
Six owners, managers, and employees of the company that owned the West Virginia storage facility that leaked chemicals into the Elk River and contaminated the Charleston area’s water supply in January 2014 were charged criminally yesterday with violations of the Clean Water Act. The U.S. Attorney for the Southern District of West Virginia indicted four individuals for failing to...
Expert Opinion Properly Discounted When In Conflict With Federal Regulation In Mining Case
Posted on Dec 15, 2014 in Construction, Investigations | Comments Off on Expert Opinion Properly Discounted When In Conflict With Federal Regulation In Mining Case
The Sixth Circuit denied a mining company’s petition for review in a black lung benefits case, holding that the ALJ had properly discounted the company’s expert’s opinion where it conflicted with relevant federal law. The court also found that the ALJ properly weighed pulmonary function tests. The mining company had challenged the ALJ’s underlying decision on both grounds. In the...
Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
Posted on Dec 11, 2014 in Construction, Investigations, Product Liability, Transportation | Comments Off on Verdict For Automotive Manufacturer Reversed Where Trial Judge Erred In Admitting Entire NHTSA Report
On Wednesday, the Court of Appeals of Missouri reversed a jury verdict in favor of an automotive manufacturer and remanded the case for a new trial. In 2003, a Missouri state trooper was killed and a passenger in his car was severely injured when a truck driver veered onto the shoulder of the interstate and collided with the patrol car. The fire began in the left rear fender, at the...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>