W.Va. High Court Reduces Punitive Award In Contamination Suit By $98 Million

CHARLESTON, W. Va. — (Mealey’s) The West Virginia Supreme Court of Appeals on March 26 slashed a $196 million punitive damages award against DuPont and held that a jury must decide whether the class action suit, alleging contamination from the company’s zinc smelter, was filed within...

Knights Of Columbus Wants Abuse Lawsuits Dismissed

NEW HAVEN, Conn. - (AP) The Knights of Columbus, citing a statute of limitations, asked a judge to dismiss lawsuits by two men who say a youth leader sexually abused them decades ago. The men sued the New Haven-based group in December and said a former leader of the Columbian Squires. . . . Full version...

Virginia's 2-Year Statute Of Limitations Dooms Swedish Firm's Negligence Lawsuit

A Swedish law firm has failed in its effort to sue a director of a former client for "misrepresentation" in Virginia federal court after the court ruled the claim was barred by Virginia's two-year statute of limitations applicable to negligence claims. The law firm had conceded that it...

$1.9M Tobacco Verdict Reversed By Florida Appeals Court On Statute Of Limitations

WEST PALM BEACH, Fla. - (Mealey's) A Florida state appeals court panel on Feb. 22 reversed a $1.9 million tobacco death judgment against Philip Morris USA Inc., saying that a jury's answer about when a deceased plaintiff knew about her injury meant that the plaintiff missed the state's four...

N.J. High Court Says State Discovery Rule Not Foreclosed By Product Liability Law

TRENTON, N.J. - (Mealey's) New Jersey's discovery rule is not foreclosed by a presumption in the state's product liability law that Food and Drug Administration-approved warnings are adequate, the state Supreme Court ruled 5-1 on Feb. 27 in an Accutane case now headed for retrial ( Kamie...

Ballard Spahr LLP: New Jersey Supreme Court Clarifies Impact Of FDA Approval On Discovery Rule

Adopting a middle-of-the-road approach that may raise more questions than it answers, the New Jersey Supreme Court has ruled that FDA approval of drug and medical device warnings creates a presumption against application of the discovery rule to a defendant's otherwise-valid statute of limitations...

Alabama Supreme Court Denies Motion To Reconsider Wantonness Limitations Ruling

MONTGOMERY, Ala. - (Mealey's) The Alabama Supreme Court issued an order March 2 denying a defense application for rehearing of its June 30 opinion that permits a welder to seek damages for exposure to welding fumes within six years of filing suit under the theory of wantonness ( Charles E. Jerkins...

Fosamax Jaw Injury Claims Not Tolled By Class Action, Virginia Supreme Court Says

RICHMOND, Va. - (Mealey's) Virginia does not recognize either equitable or statutory tolling for class actions brought by different plaintiffs in another jurisdiction, the Virginia Supreme Court ruled March 2 in an appeal by four Fosamax jaw injury plaintiffs ( John Casey, et al. v. Merck & Co...

This Term, U.S. Supreme Court Agrees To Hear 2 Significant Securities Cases

The first Monday in October is the opening day of the new Supreme Court term. In recent years the Court has heard a number of securities cases, considering issues regarding class certification in Erica P. John Fund v. Halliburton, 131 S. Ct. 2179 (2011), materiality in Matrixx Initiatives Inc. v. Siracusano...

The Week In Securities Litigation: SEC Brings 2 New Market Crisis Cases

The Supreme Court heard argument this week on a case which may have a significant impact on the SEC's enforcement program. It focuses on when the five year statute of limitations begins regarding the imposition of a penalty. The Commission also brought two new market crisis cases, one against three...

California Court: UCL Subject To Common-Law Accrual; Continuous Accrual Saves Claims

SAN FRANCISCO - (Mealey's) Common-law accrual rules apply in California unfair competition law (UCL) cases, but continuous accrual principles prevent demurrer stage statute of limitations dismissal of a man's action alleging recurring excess charges, the California Supreme Court held Jan. 24...

$2M N.J. Accutane Verdict Reversed, 2 Defense Verdicts Affirmed On Appeal

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 4 vacated a $2,125,617 Accutane bowel injury verdict and affirmed defense verdicts in two other cases tried at the same time ( Gillian Gaghan v. Hoffman-La Roche Inc., et al. , Nos. A-2717-11T2, A-3211-11T2 and A-3217-11T2, N.J...