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MDL court orders damages and fees for defective drywall remediation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

The Louisiana federal court overseeing the multidistrict litigation (MDL) involving defective drywall imported from China has entered an order awarding more than $160,000 in damages in the case of one claimant following a non-jury trial conducted in March 2010

Federal court finds claim for compensation from vaccine injury fund timely

Shook Hardy & Bacon LLP
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USA
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May 13 2010

The Federal Circuit Court of Appeals has determined that a physician vaccinated for Hepatitis B timely filed a claim under the Vaccine Injury Compensation Program because the purported link between the vaccine and the multiple sclerosis (MS) symptoms she experienced in 1997 was not known until 2004, and she filed her claim less than 36 months thereafter

Tenth Circuit underscores significance of procedural rules in prescription drug litigation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

A divided Tenth Circuit Court of Appeals panel has dismissed an appeal from a trial court's grant of a prescription drug maker's motion for summary judgment, ruling that because the appeal was not timely filed, the court lacked jurisdiction to consider it

Parts of defense expert witness testimony excluded in Children’s Tylenol litigation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

A federal court in California has decided to exclude parts of the expert testimony proffered by a major retailer defending claims that Children's Tylenol Plus Multi-symptom Cold product caused the death of a 4-month-old child

Federal court jurisdiction under CAFA remains despite later omission of class claims

Shook Hardy & Bacon LLP
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USA
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May 27 2010

The Seventh Circuit Court of Appeals has determined that once a federal court properly obtains jurisdiction over litigation under the Class Action Fairness Act (CAFA), if plaintiffs later amend their complaint to omit the class allegations, the federal court does not lose jurisdiction

Auto injury plaintiffs to appeal ruling affirming GM bankruptcy sale free of existing claims

Shook Hardy & Bacon LLP
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USA
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May 27 2010

Product liability claimants who lost their right to recover from General Motors LLC (GM) when that company's assets were sold in bankruptcy have reportedly filed a notice of their intent to file an appeal to the Second Circuit Court of Appeals

Plaintiffs’ lawyers jockey for power positions in multidistrict Toyota litigation

Shook Hardy & Bacon LLP
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USA
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May 13 2010

Plaintiffs’ lawyers have reportedly been jockeying in full force for lead positions in multidistrict litigation over alleged sudden unintended acceleration problems with Toyota Motor Co. vehicles

California high court agrees to consider impact of private health insurance on economic damages

Shook Hardy & Bacon LLP
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USA
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March 18 2010

The California Supreme Court has decided to hear a case asking whether a personal injury plaintiff may "recover as economic damages an amount exceeding what his or her private health insurance has paid and the relevant healthcare provider has accepted as payment in full for medical services."

Attorneys found guilty of fraud in asbestos settlement case

Shook Hardy & Bacon LLP
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USA
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March 18 2010

A federal jury in Natchez, Mississippi, has reportedly ruled that two attorneys will have to pay back $210,000 in settlement funds paid to their clients and $210,000 in punitive damages for alleged fraudulent claims they filed in an asbestos case that settled in 2002

Federal court dismisses claims in defective Wii class action

Shook Hardy & Bacon LLP
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USA
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March 18 2010

A federal court in Colorado has dismissed putative class claims based on Washington law filed by residents of other states against Nintendo, alleging that the company's Wii controllers are defective because they slipped out of their hands during play and caused damage in their homes

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