Consol Energy Agrees to Pay $36 Million to PA to Settle Mining Claims By Gina Passerella of the Legal Staff April 25, 2013 The Pennsylvania Department of Conservation and Natural Resources has reached a $36 million settlement with Consol Energy over claims the company’s coal mining caused structural damage that required a lake… Continue Reading
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Colorado jury rules against football helmet maker in concussion case.
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In this important case a jury found against the manufacturer of football helmets. This case has important ramifications given the fact that more than 4000 NFL players alone are currently suing the NFL. This gives some indication of the staggering numbers potential cases. The New York Times (4/15, Belson, Subscription Publication, 1.68M) reports, “A… Continue Reading
Jury says Exxon Mobil should pay $236 million to New Hampshire for MTBE use.
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Bloomberg News (4/10, Earle, Jeffrey) reports a New Hampshire jury said Exxon Mobil Corp. “should pay $236 million in damages after it found the company negligent when it added MTBE to gasoline and contaminated the state’s drinking water.” The company said it will appeal the decision. Bloomberg says Exxon Mobil told jurors “that it was… Continue Reading
Chrysler recalls nearly 250,000 vehicles over six separate issues.
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The AP (4/10, Krisher, Durbin) reports, “Chrysler Group LLC is recalling more than 247,000 SUVs and cars for several problems, including faulty gas tank hoses, broken drive shafts and air bag warning lights that illuminate when there’s no problem.” The AP notes that “the largest of the recalls, posted Tuesday on the U.S. National Highway… Continue Reading
Co-Inventor Testifies He Would Not Use DePuy ASR
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On the heels of J&J president Andrew Ekdahl’s amazing testimony in the trial in Chicago of Carol Sturm vs. DePuy that the ASR hip was not recalled due to defects, but to was merely a matter of the DePuy ASR failing to meet “clinical expectations”, orthopedist and co inventor orthopedic surgeon Thomas P.… Continue Reading
First Circuit affirms $142 million verdict against Pfizer in three Neurontin cases.
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The First Circuit Court of Appeals changed the landscape for third-party payor cases involving defective pharmaceuticals. The opinions are important in terms of how plaintiffs go about proving their cases from a causation and damages perspective. The First Circuit yesterday materially softened the individual proof rule and is willing to allow in aggregate proof in… Continue Reading
Take Justice Back -National Asbestos Awareness Week
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In honor of National Asbestos Awareness Week, help protect asbestos victims’ rights by urging Congress to oppose legislation that threatens to delay and deny justice until asbestos victims die. Your action will make a difference! The asbestos-disease epidemic is one of the longest-running public health epidemics. Asbestos is still legal in the United States and… Continue Reading
Some Concerning Exchanges During Supreme Court Argument on Same Sex Marriages
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The following exchange during the Supreme Court argument on same sex marriage is concerning on a number of levels. In my humble opinion, mixing a discussion of human rights with cell phones is troubling. 1. JUSTICE SCALIA: You — you’ve led me right into a question I was going to ask. The California Supreme Court decides what… Continue Reading
Another Lesson for Litigants Who Are Not Careful of Facebook Posts
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PARTY’S DELETION OF FACEBOOK PAGE FOUND TO BE SPOLIATION OF EVIDENCE A personal-injury plaintiff who deleted his Facebook account while the defendants were trying to access it has been sanctioned for spoliation. The plaintiff “had a duty to preserve his Facebook account at the time it was deactivated and deleted” and the defense… Continue Reading
Class Action Certified Against Volvo for Sunroof Defect
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A New Jersey federal judge on Tuesday certified six statewide classes of car buyers accusing Volvo Cars of North America of selling vehicles with defective sunroof drainage systems, but declined to certify a nationwide class under a New Jersey statute, saying the law couldn’t be applied nationally.