Business owner can’t be sued for fatal shooting 
Published: May 24, 2013
Tags: duty of care, negligence, premises liability, wrongful death
A business owner could not be sued for the death of a neighbor who was shot in an attempt to stop a robbery of his business, the New Jersey Supreme Court has ruled.
Lawmakers call for more FDA oversight of compounded drugs
By:
Kimberly Atkins
Published: May 24, 2013
Tags: Congress, drug compounds, Food and Drug Administration, fungal meningitis
WASHINGTON – After advancing two bills aimed at boosting the Food and Drug Administration’s regulatory authority over compounding drugs, Senate lawmakers released a report calling for a uniform statutory framework to better protect public health.
Toxic contamination suit not removable under CAFA
Published: May 24, 2013
Tags: CAFA, class action fairness act, environmental litigation, nuisance, toxic emissions
An environmental contamination suit brought by more than 500 homeowners was not a removable “mass action” under the Class Action Fairness Act, the 3rd U.S. Circuit Court of Appeals has ruled in affirming judgment.
Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports
Published: May 22, 2013
Tags: First Amendment, right of publicity, video games
The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.
That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.
Florida compensation limit for birth injuries constitutional
Published: May 20, 2013
Tags: birth injury, equal protection, medical malpractice
A state tort reform law allowing only a single award of $100,000 to both parents of a child suffering from neurological birth injuries does not violate equal protection, the Florida Supreme Court has ruled in affirming judgment.
Court OKs attorney fees for untimely Vaccine Act claimants
Published: May 20, 2013
Tags: attorney fees, National Childhood Vaccine Injury Act, time-barred, U.S. Supreme Court
WASHINGTON – A vaccine injury victim whose claim is time-barred under the National Childhood Vaccine Injury Act can still recover attorney fees because the claim was reasonable and made in good faith, the U.S. Supreme Court has ruled.
Benchmarks: Mo. court reinstates $28M punitive award for fatal plane crash
By:
Pat Murphy
Published: May 20, 2013
Tags: aviation litigation, product liability, punitive damages
The third time apparently is a charm. After an award of $28 million in punitive damages in a product liability case over a fatal plane crash twice failed to pass judicial scrutiny, a Missouri appellate court sitting en banc decided that the jury had it right in the first place.
State cap on punitive damages constitutional
Published: May 17, 2013
Tags: clergy sex abuse, damages cap, punitive damages
A state law that places a $50,000 cap on a personal injury plaintiff’s punitive damages does not violate the state constitution, the Indiana Supreme Court has ruled in reversing judgment.
Vendor could be liable for crash caused by improperly loaded cargo
Published: May 17, 2013
Tags: automobile accident, distracted driving, superseding cause, vendor liability
A vendor could be liable for a motor vehicle accident that was allegedly caused by the distraction created by cargo that was improperly loaded onto a customer’s vehicle, the California Court of Appeal has ruled in reversing judgment.
HHS proposes tougher child care safety measures
Published: May 17, 2013
Tags: child care, Department of Health and Human Services, federal agencies, safety
WASHINGTON – New proposed regulations would impose stricter safety requirements on child care providers who receive federal funding.
