New York Air Crash Families Can Pursue Unlimited Punitive Damages

BUFFALO, N.Y. - (AP) Families suing over the 2009 plane crash of a Continental Connection flight into a house near Buffalo, which killed 50 people, will be allowed to pursue unlimited punitive damages from the flight's operators, a federal judge ruled Monday. U.S. District Judge William Skretny had...

Ryan O'Neal Sues Ex-Fawcett Associate For Defamation

LOS ANGELES - (AP) Ryan O'Neal sued a former associate of longtime partner Farrah Fawcett on Thursday, claiming the man is responsible for a Texas university's attempts to reclaim an Andy Warhol portrait of the actress. O'Neal's defamation lawsuit against Craig Nevius Thursday seeks more...

Second Lawsuit Against Kenneth R. Feinberg, Feinberg Rozen LLP And Gulf Coast Claims Facility Removed To Federal Court

Complaint Alleges Gross Negligence, Fraud, Fraudulent Inducement and Unjust Enrichment FORT MYERS, Fla. - A second lawsuit against Kenneth R. Feinberg, Feinberg Rozen LLP and Gulf Coast Claims Facility (GCCF) was removed from state court to the U.S. District Court for the Middle District of Florida...

Massachusetts Gun Maker To Pay $600,000 In Wrongful Death Lawsuit

BOSTON - (AP) A Massachusetts gun-maker has agreed to pay nearly $600,000 to the families of one man who was killed and another man who was wounded in a shooting involving a gun allegedly stolen from the company, a national gun-control group announced Tuesday. Danny Guzman, 26, was slain outside. . ...

Miami Beach Hotel, Fired Cop Sued In ATV Crash

MIAMI - (AP) A lawsuit filed Thursday claims that a popular South Beach hotel regularly served alcoholic drinks to an on-duty police officer who later crashed his speeding all-terrain vehicle into two people strolling the beach before dawn, seriously injuring both. The hotel called the allegations false...

APNewsBreak: Firefighters Get Damages In Reverse Discrimination Case

NEW HAVEN, Conn. - (AP) A white group of firefighters who won a reverse discrimination case before the U.S. Supreme Court in 2009 has been awarded about $2 million in damages from the city of New Haven, ending a 7-year-old legal battle that fueled national debate over racial justice, officials said Thursday...

Missouri Lawyers Challenge LegalZoom's Service In Class Action Lawsuit

KANSAS CITY, Mo. - (AP) A federal class-action civil suit in Missouri against a California-based vendor of online legal documents raises the question of whether even the most routine legal matters should remain the sole domain of the law community. The lawsuit filed by Todd Janson, a Missouri resident...

Rescuers Sue Ohio Woman They Saved From Burning Vehicle

MARION, Ohio - (AP) Two men honored as heroes for rescuing a woman from her burning sport utility vehicle after it crashed have sued her, claiming they're physical and emotionally scarred. The lawsuit , filed in central Ohio's Marion County by David Kelley and Mark Kincaid, seeks at least $25...

Judge Further Limits TVA Coal Ash Spill Lawsuits

CHATTANOOGA, Tenn. - (AP) A federal court further limited lawsuits seeking damages from the Tennessee Valley Authority for its huge spill of toxin-laden coal ash, but the judge ruled that claims related to property damages and reduced property values will to go to trial. The court fight is over a Dec...

Muslim Man Sues Washington Employer For Firing Over Beard

SEATTLE - (AP) A Seattle-area Muslim man is suing his former employer, claiming he was fired as a security guard for refusing to shave the beard he wears for religious reasons. Abdulkadir Omar, 22, filed his federal lawsuit July 15 in Seattle against Sacramento-based American Patriot Security, seeking...

Mattel To Pay Rival $309 Million In Bratz Doll Spat

SANTA ANA, Calif. - (AP) A federal judge ordered toy giant Mattell Inc. to pay rival MGA Entertainment Inc. more than $309 million on Thursday, marking another tumultuous chapter in the years-long legal fight between the two companies over ownership of the lucrative Bratz fashion doll line. The judge's...

New York Drug Company, New Jersey Hospital Sued Over Man's Poisoning

PHILADELPHIA - (AP) Xiaoye Wang came to the United States from China to study computer engineering and met his future wife while earning a doctorate at the University of Pennsylvania. On Jan. 14, the day they were to finalize their divorce, the 39-year-old Wang went to a Princeton, N.J., hospital. ....

New York Hotel Sues Over Ground Zero Construction Noise

NEW YORK - (AP) The din of rebuilding the World Trade Center is driving guests away from a prominent hotel overlooking ground zero, and the agency in charge hasn't listened to requests to quell the noise, the hotel's owner says in a lawsuit filed Friday. The Millennium Hilton has lost $8 million...

7th Circuit Allows Another Torture Lawsuit Against Donald Rumsfeld

CHICAGO - (AP) A lawsuit accusing former Defense Secretary Donald Rumsfeld of personal responsibility for U.S. forces allegedly torturing two American whistleblowers who worked for an Iraqi contracting firm will be allowed to move forward, a federal appeals court ruled Monday. The ruling from the 7th...

Lawsuit Alleges Ex-NBC Staffer Harassed Over His Heritage

NEW YORK - (AP) Workers at NBC maligned a Native American colleague about his heritage by taunting him with a doll in traditional dress and making insulting comparisons to him, he said in a lawsuit Friday. Former studio technician Faruq "Peter" Wells sued NBC Universal and some employees, saying...

Mattel Weighing Options After $309 Million Judgment

SANTA ANA, Calif. - (AP) The first salvo was fired years ago when toy giant Mattel Inc. sued MGA Entertainment Inc. over ownership of the hugely popular Bratz fashion doll line. The turbulent legal chapter has now ended with a federal judge ordering Mattel to pay its rival more than $309 million. Mattel...

Mattel To Appeal $309 Million Judgment In Bratz Doll Case

SANTA ANA, Calif. - (AP) Attorneys for Mattel Inc. filed papers on Thursday declaring their intent to appeal a federal judge's award of more than $309 million to rival toy maker MGA Entertainment Inc. in the fight over ownership of the popular Bratz fashion doll line. The El Segundo-based toy giant...

Mississippi High Court Reverses $7 Million Lead Verdict Against Sherwin-Williams

JACKSON, Miss. - (Mealey's) The Mississippi Supreme Court, sitting en banc , reversed a $7 million lead-based paint poisoning verdict against the Sherwin-Williams Co. on Sept. 8, ruling that the plaintiff's experts' testimony amounted to "speculation" that was inadmissible and that...

Duane Morris LLP: Motion For Sanctions Granted For Failure To Comply With Discovery Obligations To Designate Witness Under FRCP 30(B)6

Duane Morris recently obtained an order 1 from U.S. Magistrate Judge Jonathan Goodman in the U.S. District Court for the Southern District of Florida granting a motion for sanctions against QBE Insurance Corporation ("QBE") for failure to comply with a corporation's discovery obligations...

William A. Ruskin: Was Buyer Of Real Estate 'Ready, Willing & Able' To Perform?

By William A. Ruskin Until now, there has been a split of appellate authority in New York concerning what a prospective purchaser must show in seeking damages for a seller's repudiation of a contract for the sale of real property. It is the general rule that a prospective purchaser seeking specific...

Jury Awards $1.3 Million In Zometa Jaw Injury Trial After Botching 1st Verdict Form

ORLANDO, Fla. — (Mealey’s) A Florida federal jury on Sept. 20 found that Novartis Pharmaceuticals Corp. failed to warn a cancer patient about the risk of osteonecrosis of the jaw (ONJ) and awarded her $1.3 million in medical expenses and non-economic damages ( Nancy Guenther, et al. v. Novartis...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

Vandeventer Black LLP: Are All Damages Equal?

By Edward E. Nicholas III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed...

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12-5201, S.D. W.Va.). After deliberating for less...