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Results: 1-10 of 361

Commentator suggests U.S. Supreme Court has entered “assertive,” "volatile" phase

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2010

According to New York Times U.S. Supreme Court correspondent Adam Liptak, the court’s recently concluded term should leave no doubt that Chief Justice John Roberts has abandoned judicial minimalism and is leading a new movement that is “assertive,” “volatile” and shows “great solicitude to the interests of corporations.”

Washington State high court rejects federal plausibility pleading standard in contract dispute

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2010

The Washington Supreme Court has decided not to change its standard for dismissing a civil lawsuit to reflect the new plausibility standard adopted by the U.S. Supreme Court

Federal court allows failure to provide adequate warning claim to proceed against motorcycle maker

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2010

A federal court in Georgia has determined that the plaintiff's failure to read the warnings provided by the companies that made a motorcycle and tires involved in a fatal crash is not a bar to claims that the defendants "failed to provide an adequate warning regarding the dangers of overloading the motorcycle."

Expert testimony excluded as unreliable; consumer’s popcorn lung claims dismissed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2010

A federal court in Washington has dismissed the lawsuit filed by a man who alleged that inhaling the diacetyl in fumes from four to six bags of microwave popcorn daily caused his lung disease

Federal court rules coalition lacks standing to force FDA to stop allowing thimerosal in pharmaceuticals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 22 2010

A federal court in the District of Columbia has determined that an organization opposed to the use of mercury-based preservatives, such as Thimerosal, in vaccines, lacks standing to challenge in court the Food and Drug Administration's (FDA's) denial of its citizen petition seeking to ban the use of Thimerosal in pharmaceutical products, including vaccines

Tenth Circuit dismisses tire failure claims proferred expert testimony unreliable

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 5 2010

The Tenth Circuit Court of Appeals has affirmed a district court decision to exclude the plaintiffs' expert from testifying about the failure of a tire in a fatal vehicle accident and upheld the grant of defendant's motion for summary judgment

Federal court dismisses claims in defective Wii class action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Plaintiffs’ lawyers advocate for jurisdiction in massive Toyota litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 18 2010

Nearly 90 class-action lawsuits have reportedly been filed against Toyota; they could cost the Japanese automaker at least $3 billion

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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."

Vaccine court again denies claims that thimerosal vaccines caused children’s autism

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 18 2010

In lengthy decisions released March 12, 2010, three special masters with the Court of Federal Claims have again denied requests for compensation under the National Vaccine Injury Compensation Program, finding that the parents did not prove their children's autism was caused by the administration of vaccines containing thimerosal