Publications
Motion for summary judgment granted where plaintiff fails to develop expert opinions that fires were such as did not ordinarily occur if those controlling the products exercised proper care.
The court granted the moving defendants' motion for summary judgment were the plaintiff, which relied on a theory of res ipsa loquitur, did not offer a basis upon which negligence could be inferred as to any defendant.
Case Law Alert - 1st Qtr 2012
Jury finds defective ladder did not cause man to fall.
The plaintiff's wood expert was unable to perform a microsection analysis of the broken ladder rung because the ladder was discarded before trial.
Case Law Alert - 1st Qtr 2012
Cement mixer not to blame in worker's death.
A jury found the manufacturer of a cement mixer was not at fault in the death of a construction worker who
Case Law Alert - 1st Qtr 2012
Smoker responsible for own death.
Philip Morris considered this their eighth win of 12 Engle cases to go to trial. The so-called Engle progeny cases are the offspring of plaintiffs once part of a class action that was decertified by the Florida Supreme Court.
Case Law Alert - 1st Qtr 2012
Cigarette manufacturers not to blame for a man's cancer that he developed after years of smoking.
In 1993, Jimmie Willis, then in his mid-50s, was diagnosed with laryngeal and lung cancer, requiring multiple surgeries and leaving him with a quarter-sized hole in his throat.
Case Law Alert - 1st Qtr 2012
The court granted the generic defendants’ motion for judgment on the pleadings on all state law claims, finding that they are pre-empted by federal law.
The plaintiffs, long-term users of Fosamax and its generic equivalent alendronate sodium, filed this action alleging that they had suffered injury as a result of their use of these products and asserting numerous claims, including defective design
Case Law Alert - 1st Qtr 2012
Plaintiff is entitled to discovery regarding other incidents.
Plaintiff New Jersey Manufacturers Insurance Group instituted this action as subrogee of its insured after a fire occurred in her home. The plaintiff alleged the fire originated from a clothes dryer manufactured by the defendant Electrolux.
Case Law Alert - 1st Qtr 2012
Panel upholds decision barring expert testimony about the role of Tylenol in causing liver disease.
A unanimous Appellate Division, Second Department panel has ruled that a Brooklyn judge was right to exclude testimony in a personal injury action from experts who said that the plaintiff developed cirrhosis by taking Tylenol while offering little
Case Law Alert - 1st Qtr 2012
Panel allows suit over flaming rum to proceed.
Affirming a lower court's order refusal to dismiss the case against the a liquor manufacturer, a state appeals panel ruled that a woman, who was burned when an Upper West Side bartender used Bacardi 151 rum for a pyrotechnic display, can go ah
Case Law Alert - 1st Qtr 2012
Insurer spurns manufacturer's offer to pay cost of accident.
Hartford paid a claim after a gas-powered clothes dryer caught fire and destroyed its policyholder's house.
Case Law Alert - 1st Qtr 2012