Saturday, August 28, 2010

Nevada med mal cap on damages under attack

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AboutLawsuits.com is reporting that the family of a Nevada woman who died due to a medical misdiagnosis is preparing to challenge the applic...
Thursday, August 26, 2010

More pediatric clinical trials going overseas

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Back in January 2009 I reported that the Court of Appeals for the Second Circuit revived a claim filed under the Alien Torts Statute by Nige...

Illinois eliminates access to doctors' records

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Here is a link to a recent Chicago Tribune article that discusses the battle between patients' rights advocates and the medical lobby su...
Tuesday, August 24, 2010

Interesting choice of laws case results in dismissal of claim

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On August 11, the Court of Appeals for the 7th Circuit announced its decision in a case called Robinson v McNeil Consumer (available here )...

Pfizer asks court to reconsider ruling allowing cause of action to proceed

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Law.com is reporting that "[i]In the wake of the Pennsylvania Superior Court's recognition of a new pharmaceutical liability cause ...

Settelement reached in a few cases of claims of loss of smell due to use of Zicam

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Matrixx Initiatives has agreed to settle 18 relatively small class action lawsuits filed by a group of plaintiffs who alleged that the compa...

US Ct of Appeals reinstates case vs Wyeth; rejects preemption defense

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A federal appeals court in Ohio has partially reinstated a lawsuit over the Redux diet pill after deciding that FDA approval did not preempt...
Monday, August 23, 2010

Safety mechanism for power tools

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How many products liability cases have you read claiming damages because of an alleged lack of safety mechanism in power tools? Here is a co...
Wednesday, August 18, 2010

California modifies statute of limitation for malpractice claims vs criminal defense lawyers

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The California legislature, in what is believed to be the first instance of its kind in the nation, has enacted a law specifically addressed...

South Carolina rejects consumer expectations test in product defect cases

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In an opinion filed on Monday, the South Carolina Supreme Court adopted the risk-utility test for design defect cases, rejecting use of a c...