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U.S. Border Agent Named In Lawsuit Over Mexican Teen's Death

EL PASO, Texas - (AP) The family of a 15-year-old Mexican boy fatally shot by a U.S. Border Patrol agent is now naming the officer as part of its lawsuit against the federal government, a family lawyer said Friday. Bob Hilliard told the The Associated Press that the agent is Jesus Mesa Jr. . . . Full...

Leslie D. Kelmachter Named President Of New York State Trial Lawyers Association

NEW YORK - The law firm of Jacob Fuchsberg, one of the leading trial law firms in the New York area, has announced that Leslie D. Kelmachter, a partner of the firm, was named president of the New York State Trial Lawyers Association. Kelmachter joined the Fuchsberg law firm in 2000. She has successfully...

Williams Kastner Welcomes Jake Winfrey To Seattle Office

SEATTLE - The law firm of Williams Kastner has announced the addition of Jake Winfrey to its Seattle office. Winfrey, who joins the firm as of counsel, will focus his practice on civil litigation with an emphasis on medical malpractice, as well as personal injury defense and wrongful death claims...

Federal Judge Rejects Most Claims In Toyota Investor Lawsuit

LOS ANGELES - (AP) A federal judge has rejected most claims made in a shareholder lawsuit against Toyota Motor Corp. that accused the Japanese automaker of knowing about and hiding purported acceleration problems in some of its vehicles. U.S. District Judge Dale Fisher said in her July 7 ruling that...

New York Air Crash Families Can Pursue Unlimited Punitive Damages

BUFFALO, N.Y. - (AP) Families suing over the 2009 plane crash of a Continental Connection flight into a house near Buffalo, which killed 50 people, will be allowed to pursue unlimited punitive damages from the flight's operators, a federal judge ruled Monday. U.S. District Judge William Skretny had...

Massachusetts Gun Maker To Pay $600,000 In Wrongful Death Lawsuit

BOSTON - (AP) A Massachusetts gun-maker has agreed to pay nearly $600,000 to the families of one man who was killed and another man who was wounded in a shooting involving a gun allegedly stolen from the company, a national gun-control group announced Tuesday. Danny Guzman, 26, was slain outside. . ...

New York Court Reverses Award in Malpractice/Wrongful Death Action

In Wild v Catholic Health Sys., 2011 NY Slip Op 5337 (N.Y. App. Div. 4th Dep't June 17, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the decedent was treated at a hospital. After the decedent developed respiratory problems...

Heninger Garrison Davis LLC Welcomes Brandy Robertson

BIRMINGHAM, Ala. - The law firm of Heninger Garrison Davis has announced that Brandy L. Robertson has joined the firm. Robertson's practice focuses on representing individuals in the areas of pharmaceutical and medical device litigation where she has worked on cases such as the breast implant...

Florida Appeals Court Rules $40.8 Million Award Excessive In Tobacco Case

TALLAHASSEE, Fla. - (Mealey's) A Florida appeals court on Feb. 14 overturned a $40.8 million punitive damages verdict in a tobacco wrongful death case as excessive but let stand a $10.8 million award of compensatory damages, the highest so far in Florida tobacco litigation ( R.J. Reynolds Tobacco...

Ballard Spahr LLP: Arbitration Enforcement Trend Continues At Supreme Court

By the Consumer Financial Services Group For the fourth time in less than a year, the U.S. Supreme Court has championed the "emphatic federal policy in favor of arbitral dispute resolution" and vacated a state appellate court's decision on the grounds that it contravened the Federal...

Florida Appeals Court Vacates $79.2 Million Verdict In Tobacco Death Case

TALLAHASSEE, Fla. - (Mealey's) A $79.2 million verdict on behalf of the daughter of a smoker who died from lung cancer was vacated as excessive on April 9 by the First District Florida Court of Appeal ( R.J. Reynolds Tobacco Company, v. Diane Webb , No. 10-6557, Fla. App., 1st Div.). ( Opinion...

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that parents may pursue some state law claims on their...

Florida Appeals Court Strikes Punitive Damages, Orders Remittitur On Others In Tobacco Case

WEST PALM BEACH, Fla. - (Mealey's) A Florida appeals court conditionally struck $5 million in punitive damages from a tobacco wrongful death suit June 12 and directed a trial judge to grant remittitur on $15 million in survivors' consortium claims ( Philip Morris USA Inc., et al. v. Sharon Putney...

Florida Appeals Court Vacates Punitive Damages, Allows Compensatories, In Tobacco Case

WEST PALM BEACH, Fla. — (Mealey’s) A Florida appeals court vacated $50,000 in punitive damages in a smoking wrongful death case Aug. 14, but allowed a compensatory damages award of approximately $957,000 to stand ( R.J. Reynolds Tobacco Company v. Pamela Ciccone , No. 4D11-3807, Fla. App...

Court: New Evidence For Punitive Damages Was Not Precluded By Remand

JEFFERSON CITY, Mo. — (Mealey’s) Saying that a trial judge did not err by allowing new mitigating evidence to be presented to a jury considering the amount of punitive damages on remand, the Missouri Supreme Court on Sept. 10 affirmed a $1.5 million judgment in a long-running tobacco wrongful...

Deceased Smoker’s Daughter Testifies About His Smoking In Florida Wrongful Death Case (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in state court Aug. 19 that her father “was always smoking” and “was always trying to quit” ( Heather Irimi, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2008...

Deceased Smoker’s Daughter Testifies About Quitting Smoking Attempts In Florida Case (Watch The Video)

FORT LAUDERDALE, Fla.— (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in Florida’s 17th Judicial Court for Broward County Florida on Aug. 20 that her father was unable to quit smoking because he was addicted to cigarettes ( Heather Irimi, et al. v...

Closing Arguments Center On ‘Addiction’ Issue In Florida Smoking Case (Watch the Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing arguments got under way Aug. 26 in Florida’s 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s March 2013 death was caused by smoking cigarettes ( Heather Irimi, et al. v. R.J. Reynolds Tobacco...

Tobacco Companies Say Smoker Was Not Addicted In Florida Case Closings (Watch The Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing statements by attorneys for three tobacco companies wrapped up on Aug. 27 in the Florida 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s death in March 2013 was caused by his smoking ( Heather Irimi...

Florida Judge Declares Mistrial In Tobacco Case Because Of Witness Statement (Watch The Videos)

VIERA, Fla. — (Mealey’s) A state court judge sitting in the Brevard County, Fla., 18th Judicial Circuit Court entered a mistrial on Sept. 26 after two weeks of trial in a wrongful death action brought by the widow of a longtime smoker because of a comment made by an expert witness for the...

Parties Dispute Nicotine Addiction Issue In Florida Suit’s Opening Statements (Watch The Videos)

TAMPA, Fla. — (Mealey’s) Trial got under way on Sept. 26 with opening statements in the Hillsborough County, Fla., 13th Judicial Circuit Court in a suit alleging that a woman’s death from lung cancer was caused by her 40 years of smoking ( James Lourie, et al. v. R.J. Reynolds Tobacco...

Utah Appellate Court Permits Plaintiff To Sue Herself

The Utah Third District Court, Salt Lake Department, recently considered the case of Bagley v. Bagley , 2015 UT App 33, 2015 Utah App. LEXIS 32 (Utah Ct. App. 2015) , where an heir and personal representative filed a survival and wrongful death lawsuit against herself as the driver who caused a motor...

Arizona Jury Awards $2.5 Million To Estate Of Nursing Home Resident (Watch The Video Excerpts Of Opening, Closing Statements)

PHOENIX — (Mealey’s) An Arizona state court jury on May 22 awarded $2.5 million to the estate of a woman who contracted Methicillin-resistant Staphylococcus aureus (MRSA) after developing a bedsore while in a nursing home ( The Estate of Doris L. Cote, et al. v. Five Star Quality Care Inc...

Wife Not Liable for Husband’s Circumvention of Ignition Interlock Device

A wife was not liable in a wrongful death case after her husband, who was required to have an interlock device on his car, drove her car which did not have such a device, and killed another driver. The Court of Appeals of Louisiana had to determine whether the parents of Dr. Kristofor Toups, a veterinarian...