Litigation

Recent Posts

2nd Sex Abuse Suit against Santa Rosa Diocese
Posted on 27 Aug 2010 by LexisNexis Litigation Resource Community Staff

SAN FRANCISCO - (AP) A man who claimed he was sexually abused as a child by an Irish priest filed a lawsuit Thursday against the Roman Catholic Diocese of Santa Rosa the second such suit alleging the church knew the priest faced abuse charges in Ireland... Read More

Supreme Court: Generic Drug Makers Not Liable For Warnings
Posted on 24 Jun 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - (AP) The Supreme Court on Thursday ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings on the brand-name equivalents of the medicines... Read More

Toxic Tort Litigator Margie Searcy Alford On Wyeth v. Levine
Posted on 5 May 2010 by Margie Searcy Alford

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine (129 S. Ct. 1187 [2009]). The court held that federal law did not preempt state failure-to-warn claims against... 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

Massachusetts Jury Awards $63 Million To Girl, Parents For Children's Motrin Injuries
Posted on 14 Feb 2013 by Tom Moylan

BROCKTON, Mass. - (Mealey's) A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin ( Lisa Reckis, et al. v. Johnson & Johnson, et al. , No.... Read More

5th Circuit: Device Failure-To-Warn Claims Aren't Preempted
Posted on 24 Jan 2011 by Tom Moylan

NEW ORLEANS -- (Mealey's) A woman's failure-to-warn claims involving a uterine ablation device are not preempted by federal law, a panel of the Fifth Circuit U.S. Court of Appeals ruled Jan. 21 ( Jan Hughes v. Boston Scientific Corporation... Read More

Nevada State Court Jury Returns Defense Verdict In 2-Plaintiff Actos Cancer Trial
Posted on 23 May 2014 by Tom Moylan

LAS VEGAS — (Mealey's) A Nevada state court jury on May 22 returned a unanimous defense verdict in a 32-day, two-plaintiff Actos bladder cancer trial, but two plaintiff attorneys say they will seek a new trial because they believe their objections... Read More

Jury In 5th Prempro MDL Bellwether Finds Wyeth Didn't Fail To Warn About Cancer
Posted on 21 Oct 2011 by Tom Moylan

JONESBORO, Ark. - (Mealey's) The fifth bellwether trial in the Prempro multidistrict litigation ended in a defense verdict on Oct. 20 in the U.S. District Court for the Eastern District of Arkansas after a jury found that Wyeth did not inadequately... Read More

William A. Ruskin: No FIFRA Preemption, No Problem!
Posted on 12 Jun 2013 by William A. Ruskin

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses... Read More

California Jury Rules For Defense In Benzene Wrongful Death Case
Posted on 11 Feb 2011 by Michael Lefkowitz

LOS ANGELES -- A California Superior Court jury on Feb. 10 returned a verdict for the defense in a suit alleging that exposure to solvents including benzene caused a Los Angeles-area worker's death of acute myelogenous leukemia (AML), saying that... Read More

Epstein Becker & Green: U.S. Supreme Court Rules Asbestos Claim Preempted
Posted on 14 Mar 2012 by William A. Ruskin

Guest Blogger Nicolas S. Allison is an Associate in Epstein Becker & Green's Asbestos Group in New York. A graduate of Princeton University and Boston University Law School, in addition to his mass tort asbestos work, Nick also represents firm... 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

Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case
Posted on 18 Jan 2011 by Tom Moylan

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines... Read More

Pennsylvania State Court Jury Awards $500,000 In Risperdal Gynecomastia Trial
Posted on 14 Dec 2015 by Tom Moylan

PHILADELPHIA — (Mealey’s) After a three-week hiatus for the production of newly discovered defense data about the safety of Risperdal and three more days of testimony, a Pennsylvania state court jury on Dec. 11 found that Janssen Pharmaceuticals... Read More