Publications
Atlantic County pelvic mesh jury awarded $7.76 million in punitive damages, three days after a $3.35 million compensatory damages award.
Gynecare Prolift pelvic mesh is a product made by Johnson & Johnson subsidiary Ethicon. It is used to treat organ prolapse and urinary incontinence.
Case Law Alerts - 2nd Quarter 2013
Case against Colgate-Palmolive dismissed. Colgate-Palmolive is not responsible for counterfeit products sold in the marketplace that violate their trade name and trademarks.
The plaintiff unknowingly purchased counterfeit Colgate toothpaste at Dollar Worth and got sick after using it. Colgate's technical associate tested the packaging and product and learned that it was counterfeit.
Case Law Alerts - 2nd Quarter 2013
Each New York State law claim plaintiffs plead depends on allegations that defendant failed to adequately warn of the risk of SCAR events and to test for and maintain bioequivalence of Dilantin. Plaintiffs' failure to warn claims are preempted by federal
The defendant pharmaceutical companies make generic Phenytoin Sodium; the brand name of the designer drug is Dilantin. Dilantin and the generic Phenytoin are anti-epileptic drugs used to slow down impulses in the brain that cause seizures.
New York State does not recognize spoliation of evidence as an independent cause of action. Therefore, the plaintiff's separate count for spoliation fails to state a claim for which relief can be granted.
The plaintiff went for a walk carrying her rifle. She set it down to climb over a tree. When she picked it up, it discharged, causing injuries to her hand and abdomen.
Case Law Alerts - 2nd Quarter 2013
Summary judgment granted to defendants because "Safer" Scalpel is not a reasonable alternative design.
Case Law Alerts - 2nd Quarter 2013
Product Liability Act allows recovery for emotional harm caused by contaminated food.
Deputy Sheriff Bylsma ordered a Whopper at a drive thru. He became suspicious after he received his food. He pulled over and found a glob of spit in the burger. He had DNA testing conducted, and it matched one of the employees of the restaurant.
Case Law Alerts - 2nd Quarter 2013
Application of economic loss rule is limited to product liability cases.
The broker secured windstorm coverage for the condominium association through an insurance company. The association's condominium was damaged by hurricanes.
Case Law Alerts - 2nd Quarter 2013
School district may place limitations on a parent's/spectator's free speech rights during athletic events.
The plaintiff parent sued the school district in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C.S.
Case Law Alerts - 2nd Quarter 2013
Prisoner's claim under the First Amendment right to access the courts fails as plaintiff failed to allege his claims were not previously adjudicated.
The plaintiff, an inmate in a state correctional institute, filed a complaint pursuant to 42 U.S.C.S.
Case Law Alerts - 2nd Quarter 2013
OPRA mandates release of public records for outsourcing jobs.
The plaintiff filed an action seeking a judgment declaring the defendant-school district and its custodian of records in violation of the Open Public Records Act (OPRA) and in violation of the common law right of access to public records.
Case Law Alerts - 2nd Quarter 2013