Litigation

Recent Posts

Supreme Court Rules Vaccine Lawsuits Are Federally Preempted
Posted on 22 Feb 2011 by Tom Moylan

WASHINGTON, D.C. --(Mealey's) A 6-2 U.S. Supreme Court majority on Feb. 22 ruled that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts tort claims asserting design defect against vaccine manufacturers ( Russell Bruesewitz, et al... Read More

Florida Jury Awards $250,000 In Post-Engle Punitive Damages
Posted on 14 Feb 2011 by Michael Lefkowitz

TAMPA, Fla. -- After awarding $100,000 in compensatory damages to a longtime smoker who had his larynx and part of his tongue removed as a result of laryngeal cancer, a Florida jury on Feb. 11 added $250,000 in punitive damages against R.J. Reynolds Tobacco... Read More

Florida Jury Awards 2nd Post-Engle Smoker Verdict, $86,000
Posted on 17 Feb 2011 by Michael Lefkowitz

FORT LAUDERDALE, Fla. -- For the second time in a week, a Florida jury on Feb. 15 found for a post- Engle tobacco plaintiff but issued a relatively small award of compensatory damages ( Despinda Hatziyannakis, as Personal Representative of Christos Hatziyannakis... Read More

N.J. Jury Finds Novartis Didn't Fail To Warn About Jaw Risk From Aredia, Zometa Bone Drugs
Posted on 7 Oct 2010 by Tom Moylan

NEW BRUNSWICK, N.J. -- A New Jersey state court jury on Oct. 6 found that Novartis Pharmaceuticals Corp. did not fail to provide adequate warning to a cancer patient's doctor that its bone-saving drugs Aredia and Zometa had a risk of osteonecrosis... Read More

Florida Jury Awards Smoker $1 Million But Finds Her 70 Percent Liable For Injury
Posted on 9 Apr 2011 by Michael Lefkowitz

DELAND, Fla. - (Mealey's) A Florida circuit court jury awarded $1 million to a 77-year-old Daytona Beach, Fla., woman on April 7 but also found her 70 percent responsible for her lung cancer ( Stella Koballa, et al. v. Philip Morris USA, Inc., et... Read More

Verdict Goes RJR’s Way In Latest Engle Progeny Trial
Posted on 27 Aug 2010 by Gerald C. Matics

FORT LAUDERDALE, Fla. - (Mealey's) On Aug. 26, a Florida jury returned a verdict of no liability for a cigarette company that was sued by the son of a deceased smoker in the latest Engle progeny case, one of only a handful of defense verdicts to date... Read More

Tobacco Lawsuit Cites Long-Ago Cigarette Giveaways
Posted on 12 Nov 2010 by LexisNexis Litigation Resource Community Staff

BOSTON - (AP) Marie Evans recalled she was 9 years old when she first started getting free cigarettes in the Boston housing project where she lived. At first, she traded them for candy, but she said she started smoking them herself at age 13. Four decades... Read More

Connecticut Smoker Awarded $4 Million More In Tobacco Lawsuit
Posted on 3 Jan 2011 by LexisNexis Litigation Resource Community Staff

NEW HAVEN, Conn. - (AP) A Connecticut smoker who won $8 million against a tobacco company in May, the first such jury award in New England, has been awarded $4 million in punitive damages and stands to get millions more in interest. Barbara Izzarelli... Read More

Lorillard Says It's Not Liable For Smoker's Addiction
Posted on 17 Aug 2010 by LexisNexis Litigation Resource Community Staff

BOSTON - (AP) A Boston judge delayed ruling Monday on Lorillard Tobacco Co.'s request to reject a lawsuit that accuses the nation's third-largest tobacco company of targeting black youth in its cigarette marketing. Judge Linda Giles of Suffolk... Read More

Job Bias Claims Set New Record On Disability Surge
Posted on 19 Jan 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) Federal job bias complaints climbed to record levels last year, led by a surge in workers claiming discrimination based on disability. The Equal Employment Opportunity Commission says charges of disability discrimination rose by... Read More

Court Revives N. California Town’s Pollution Lawsuit
Posted on 28 Jan 2011 by LexisNexis Litigation Resource Community Staff

SAN FRANCISCO - (AP) An appeals court revived a class-action lawsuit Thursday for 160 residents of a Northern California town who claim an industrial plant's pollution severely sickened them. The 9th U.S. Circuit Court of Appeals ruled a trial judge... Read More

Kraft To Pay $8.1 Million To Settle Pollution Lawsuit
Posted on 23 May 2011 by LexisNexis Litigation Resource Community Staff

INDIANAPOLIS - (AP) Kraft Foods Inc. will pay $8.1 million to settle a class-action lawsuit over pollution at a former factory in Attica, Ind. The lawsuit, filed in 2009 and representing nearly 130 families, claimed pollution from a former Kraft factory... Read More

Cancer Question Complicates 9/11 Compensation Deal
Posted on 29 Mar 2010 by LexisNexis Litigation Resource Community Staff

NEW YORK – (AP) Of all the illnesses people fear might be caused by toxic dust from the World Trade Center, nothing scares people like cancer. Hundreds of people are suing New York City over cancer diagnoses they received after working at ground... Read More

FDA Sees Possible Cancer Risk With Breast Implants
Posted on 1 Feb 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) Federal health officials said Wednesday they are investigating a possible link between breast implants and a very rare form of cancer, raising new questions about the safety of devices which have been scrutinized for decades. The... Read More

Government Settles With Family Over Illegal Immigrant's Care
Posted on 8 Apr 2011 by LexisNexis Litigation Resource Community Staff

LOS ANGELES - (AP) The federal government on Thursday agreed to pay $1.95 million to settle a lawsuit with the family of a now-deceased illegal immigrant who was denied medical care for cancer in detention. Salvadoran immigrant Francisco Castaneda was... Read More