LexisNexis® Legal Newsroom
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

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 left, sometimes with just a couple of sets of clothes...

Pennsylvania Panel Reinstates Compensatory, Punitive Damages In Prempro Case

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. 2626 EDA 2007 and 2690 EDA 2007, Pa. Super.; 2011...

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider

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 pregancy, which resulted in Sean being born with birth...

William A. Ruskin: The Role Of The Heeding Presumption In Failure To Warn Litigation

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. In the absence of such testimony, some states...

Virginia Top Court Adopts 'Multiple-Sufficient Causes' Analysis

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, administrator , No. 120299, Va. Sup.). The...

William A. Ruskin: Physician's Failure To Read Trumps Drug Company's Failure To Warn

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 decision to prescribe the drug, plaintiff’s...

Steptoe & Johnson PLLC: Court Excludes Causation Expert’s Opinion, Tosses Chemical Exposure Case

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 be the difference between an early win for the defendant...