Court: Court of Appeal of California, First Appellate District, Division Two - Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more
U.S. District Court for the Southern District of California - In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980...more
Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more
A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non convenient. Plaintiffs sued Marriott and the JW Marriott hotel franchisee in India for premises...more
Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of...more
Court of Appeals of Oregon, October 5, 2022 - Plaintiffs, Donald Miller and his wife Linda Miller (hereinafter “plaintiffs”), asserted claims of negligence, strict product liability, and loss of consortium based on...more
There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more
Permitting an injured plaintiff’s spouse to claim loss of consortium where the injury in question occurred prior to the marriage would enable the spouse to marry into a cause of action. Florida’s common law rejects this...more
New York Federal Court granted Defendants’ Daubert motion to exclude design defect expert testimony on a design defect claim for PAM Cooking Spray and dismissed all product liability claims on summary judgment, including...more
On September 23, 2019, the Pennsylvania Superior Court in Corey v. Wilkes-Barre General Hospital held that divorce records, including attorney-client communications, were discoverable. The Superior Court’s decision in Corey...more
The Court of Appeals of Georgia last week reversed the dismissal of a lawsuit for negligence and loss of consortium against Snapchat, Inc. alleging the social media giant’s controversial “speed filter” was a proximate cause...more
Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more
This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more
This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more
SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more
In 1991, the Food and Drug Administration (FDA) approved Zofran, which is manufactured by GlaxoSmithKline LLC (GSK) for use in cancer patients who require chemotherapy or radiation therapy. An Ohio couple has sued GSK, the...more
Mesh products have been regularly used to repair abdominal hernias since the 1950s. In the 1970s, gynecologists used surgical mesh products designed for abdominal hernia repair to repair prolapsed organs....more
In This Issue: -Facts -2006 Florida Supreme Court decision -Failure to investigate -Eleventh Court decision -Comment The Eleventh Circuit's recent decision in In re Engle Cases...more
SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more
In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social media discovery. Root...more