Litigation

Recent Posts

Steptoe & Johnson PLLC: Court Excludes Causation Expert’s Opinion, Tosses Chemical Exposure Case
Posted on 11 Feb 2014 by Steptoe & Johnson PLLC

By Devin C. Daines A recent Pennsylvania Superior Court decision illustrates the importance of ensuring that a medical expert’s opinions meet the minimum threshold for admissibility. As in most toxic exposure cases, this crucial step can often... Read More

William A. Ruskin: The Role Of The Heeding Presumption In Failure To Warn Litigation
Posted on 29 Nov 2012 by William A. Ruskin

By William A. Ruskin In many jurisdictions, a product liability plaintiff is not permitted to testify concerning what he or she would have done had there been an adequate warning on a product; such testimony is considered both self-serving and speculative... Read More

Virginia Top Court Adopts 'Multiple-Sufficient Causes' Analysis
Posted on 11 Jan 2013 by Bryan Redding

CHARLOTTESVILLE, Va. - (Mealey's) Mesothelioma plaintiffs must show asbestos exposure from a defendant's product sufficient to give rise to the disease, the Virginia Supreme Court held Jan. 10 ( Honeywell International Inc. v. Walter E. Boomer... Read More

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider
Posted on 23 Apr 2012 by William A. Ruskin

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her... Read More

Pennsylvania Panel Reinstates Compensatory, Punitive Damages In Prempro Case
Posted on 8 Feb 2011 by Tom Moylan

PHILADELPHIA - A Pennsylvania Superior Court panel on Feb. 7 reinstated a $1.68 million compensatory damage verdict and a sealed punitive damage verdict in a state court Prempro case ( Mary Daniel, et al. v. Wyeth Pharmaceuticals, Inc., et al. , Nos.... Read More

William A. Ruskin: Physician's Failure To Read Trumps Drug Company's Failure To Warn
Posted on 22 Nov 2013 by William A. Ruskin

By William A. Ruskin When the prescribing physician in a pharmaceutical product liability case admits that at her deposition that she never reviewed the manufacturer’s label before treating her patient and that the label played no role in her... Read More

Brad Marten On Fighting The Last War: The Relevance (And Irrelevance) Of The Exxon Valdez Oil Tanker Spill To The Deepwater Horizon Oil Rig Spill
Posted on 7 May 2010 by Bradley M. Marten

By Brad Marten A number of us in the Pacific Northwest can remember the phone call that came in the spring of 1989 telling us to come to Alaska. There had been an oil spill, the caller said, and we had better get up there right away. We packed up and... Read More