Sunday, December 30, 2018

Court of Appeals finds Tennessee punitive damages cap unconstitutional

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A divided panel of the Court of Appeals for the Sixth Circuit recently held that the Tennessee statute capping punitive damages is unconstit...

FDA No Longer Pursuing Rule Update to Require Generic Drug Makers To Warn Of Known Side Effects

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Back in November, 2013, I posted that the FDA proposed a new regulations that would allow (and presumably encourage) generic drug manufact...
Monday, December 24, 2018

Mississippi and Kentucky adopt exoneration requirement for malpractice claims against criminal defense attorneys

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Some jurisdictions have recently abandoned the view that a convicted criminal defendant who wants to recover for malpractice against his or ...
Tuesday, December 18, 2018

Kentucky Supreme Court Holds Med Mal Review Panel Law is Unconstitutional; while Puerto Rico enacts a similar law

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On November 15, 2018, the Kentucky Supreme Court held that Kentucky’s Medical Review Panel Act was unconstitutional. The Act established tha...
Monday, October 22, 2018

Supreme Court hears oral argument in asbestos case under maritime law

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A couple of weeks ago, the US Supreme Court heard oral arguments in a case that raises basic principles of tort law as related to maritime j...
Saturday, October 20, 2018

Interesting case in the Fifth Circuit Court of Appeals regarding false imprisonment

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Suppose a person is charged of and convicted of a crime he or she did not commit and is later exonerated.  Should that person have a claim f...

Judge dismisses defamation suit against Trump

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By now you have probably heard that a U.S. District Judge has dismissed a defamation lawsuit filed by Stormy Daniels against Donald Trump ba...
Sunday, October 7, 2018

California Supreme Court says defendants in products liability cases may use evidence of industry custom

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Strict products liability was born in California and many states still look to California law for guidance on products liability law issues....
Tuesday, August 14, 2018

Kentucky Supreme Court hears oral arguments in case challenging med mal panel review procedure

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As reported in the TortsProf blog: Last year, Kentucky enacted a law requiring medical malpractice claimants to go through a panel procedure...
Friday, August 3, 2018

Comment on documentary "Bleeding Edge" and the medical device industry

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Netflix recently released a documentary called "The Bleeding Edge" which details many problems with medical devices today, with em...