LexisNexis® Legal Newsroom
3rd Circuit: Defect, Warranty Claims For Vagus Nerve Stimulator Preempted

PHILADELPHIA - (Mealey's) The Third Circuit U.S. Court of Appeals on July 30 affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted ( Diane M. Williams, et al. v. Cyberonics, Inc....

New Orleans Gets Oil Spill MDL; MDL Panel Transfers 77 Suits To Judge Barbier

Courtesy of HB Litigation Conference's Oil Spill Litigation & Insurance Coverage Report New Orleans as been selected as the site of the oil spill litigation, according to an order issued Aug. 10, 2010, by the Panel on Multidistrict Litigation, which transferred 77 lawsuits to the U.S. District...

Smoker Wasn't Addicted, Fla. Jury Finds In Awarding Verdict To Tobacco Companies

BRADENTON, Fla. -- Jurors in a Florida circuit court on Oct. 6 capped a retrial in an Engle progeny case with a defense verdict, finding that the plaintiff was not addicted to smoking the defendant tobacco companies' cigarettes; the verdict extends a recent string of victories for the defendants...

Ballard Spahr LLP: Concepcion Mandates Individual Arbitration Even When Statutory Rights Cannot Be Vindicated, 3rd Circuit Holds

By the Consumer Financial Services Group The U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (2011) [ enhanced version available to lexis.com subscribers ], obligates courts to compel individual arbitration even where the plaintiff has proven that doing so...

Oregon Appeals Court Reinstates, Remands 'Light' Cigarette Claims

SALEM, Ore. - (Mealey's) The Oregon Court of Appeals has reinstated a putative class of Marlboro Light cigarette smokers who say they suffered an economic loss because the cigarettes were no safer than regular Marlboros, saying June 19 that the trial judge erred in rejecting the superiority of class...

Ballard Spahr LLP: 3rd Circuit Holds That Courts, Not Arbitrators, Should Rule On Classwide Arbitration

By Steven W. Suflas, Alan S. Kaplinsky, Mark J. Levin, Burt M. Rublin, and Michelle M. McGeogh In Opalinski v. Robert Half International, Inc. [ enhanced opinion available to lexis.com subscribers ], the United States Court of Appeals for the Third Circuit held that where an arbitration clause is...

Bench Trial Concludes In Case Over Coverage For Excess Skin Removal (Watch The Video)

ALAMEDA, Calif. — (Mealey’s)The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having...