Litigation

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$1.9M Tobacco Verdict Reversed By Florida Appeals Court On Statute Of Limitations
Posted on 23 Feb 2012 by Tom Moylan

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... Read More

California Court: UCL Subject To Common-Law Accrual; Continuous Accrual Saves Claims
Posted on 24 Jan 2013 by Bryan Redding

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... Read More

This Term, U.S. Supreme Court Agrees To Hear 2 Significant Securities Cases
Posted on 17 Oct 2012 by Thomas O. Gorman

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... Read More

High Court Refuses To Address If Zometa Class Action Tolled Statute of Limitations
Posted on 31 May 2011 by Tom Moylan

WASHINGTON ,D.C. - (Mealey's) On May 31, the U.S. Supreme Court declined Novartis Pharmaceuticals Corp.'s request to decide if a pending Zometa federal court class action tolls the statute of limitations on an individual state court action that... Read More

Virginia's 2-Year Statute Of Limitations Dooms Swedish Firm's Negligence Lawsuit
Posted on 19 Oct 2011 by Lee Berlik

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... Read More

U.S. v. Stricker: Government Loses Big Time After Federal Judge Grants Defendants’ Motion to Dismiss Based on Statute of Limitations
Posted on 7 Oct 2010 by Jennifer Jordan

On September 30, 2010, the Stricker opinion was released by the Alabama District Court. The opinion validated all of the rumors as to the case being dismissed due to statute of limitations issues. As suspected, the case was dismissed on the fact that... Read More

Ballard Spahr LLP: New Jersey Supreme Court Clarifies Impact Of FDA Approval On Discovery Rule
Posted on 2 Mar 2012 by Ballard Spahr LLP

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... Read More

$2M N.J. Accutane Verdict Reversed, 2 Defense Verdicts Affirmed On Appeal
Posted on 4 Aug 2014 by Tom Moylan

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. ,... Read More

Fosamax Jaw Injury Claims Not Tolled By Class Action, Virginia Supreme Court Says
Posted on 5 Mar 2012 by Tom Moylan

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... Read More

The Week In Securities Litigation: SEC Brings 2 New Market Crisis Cases
Posted on 12 Jan 2013 by Thomas O. Gorman

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... Read More

Lawsuit: Pennsylvania Catholic Leaders Failed To Protect Kids
Posted on 15 Feb 2011 by LexisNexis Litigation Resource Community Staff

PHILADELPHIA — (AP) A civil lawsuit filed Monday against the Archdiocese of Philadelphia by a man who said two priests had sexually abused him as a child may signal a new era in church-abuse litigation in Pennsylvania. The Roman Catholic archdiocese... Read More

Knights Of Columbus Wants Abuse Lawsuits Dismissed
Posted on 15 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

W.Va. High Court Reduces Punitive Award In Contamination Suit By $98 Million
Posted on 29 Mar 2010 by LexisNexis Litigation Resource Community Staff

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... Read More