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...
Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
Posted on Jul 13, 2014 in Energy/Environmental, Litigation, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Illinois Federal Court Holds Responsible Party Under Oil Pollution Act Does Not Have To Establish Actual Cause Of Incident To Obtain Limitation Of Liability
In January 2005, a barge exploded in the Chicago Sanitary and Ship Canal. The explosion killed an employee of the barge owner and spilled 4,718 gallons of oil into the canal. The insurers of the barge owner paid more than $8.6 million in costs associated with the removal effort and then sought to recover the costs from the Oil Pollution Act’s Oil Spill Liability Trust Fund through...
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...
Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Posted on Jul 8, 2014 in Product Liability, Transportation | Comments Off on Payroll Taxes Not Properly Withheld From Jury Verdict For Railroad Worker According To Missouri Federal Court
Last Fall, a jury in the U.S. District Court for the Eastern District of Missouri awarded a railroad employee a verdict of nearly $1.7 million after a train “bottomed out” and ejected him. Yesterday, the court had to determine whether the railroad properly withheld payroll taxes to be tendered to the U.S. Treasury from the amount of the verdict. Specifically, was a general verdict...
Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
Posted on Jun 27, 2014 in Construction, Product Liability, Transportation | Comments Off on Illinois Federal Court Denies Summary Judgment Motion Of Auto Hauling Rig Manufacturer On Product Liability, Negligence, And Punitive Damages Claims Under Kentucky Law
A man working as a car hauler was injured when he slipped and fell from the second tier of an auto hauling rig. The rig had a “Canadian guardrail” installed, but had not been fitted with other safety features including grab bars, guard rails, or cat walks. These features were installed on many older rigs through a retrofitting program as well as included on all newly-manufactured...
Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
Posted on Jun 25, 2014 in Investigations, Product Liability | Comments Off on Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
On a camping trip in 2010, a father was killed and his son seriously injured after the “bulk mount” propane radiant heater they were using released a deadly amount of carbon monoxide. The heater was a large commercial heater, designed to operate off of a 20-pound or larger propane tank, and intended only for outdoor use. In 2012, the son and his mother filed suit against the heater...
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