Premarin experts can’t testify on causation 
Published: September 2, 2010
Tags: causation, expert witness, hormone replacement therapy, Premarin, Prempro, product liability
Expert witnesses lacked a sufficiently reliable scientific foundation to testify that an estrogen-only form of hormone replacement therapy can cause breast cancer, a U.S. District Court in Arkansas has ruled.
Prempro claims aren’t time-barred
Published: September 2, 2010
Tags: hormone replacement therapy, Premarin, Prempro, product liability, Provera, statute of limitations
Product liability plaintiffs should have been allowed to have juries decide when it was reasonable for them to discover that their breast cancer may have been the result of taking the defendants’ hormone replacement drugs, a Pennsylvania appellate court has ruled.
Law firm disqualified because of assistant conflict
Published: September 2, 2010
Tags: disqualification, medical malpractice
The law firm for a medical malpractice plaintiff must be disqualified because of its failure to take reasonable steps to shield the access of a legal assistant who once worked for opposing counsel, the Texas Supreme Court has ruled in affirming judgment.
Dramshop law doesn’t bar suit against airline
Published: September 2, 2010
Tags: dramshop statute, respondeat superior, vicarious liability
A state dramshop law does not bar a vicarious liability suit against an airline whose allegedly intoxicated employee caused a fatal car accident, an Illinois appellate court has ruled in reversing a summary judgment.
Prempro claims aren’t time-barred
Published: September 2, 2010
Tags: hormone replacement therapy, Premarin, Prempro, product liability, Provera, statute of limitations
Product liability plaintiffs should have been allowed to have juries decide when it was reasonable for them to discover that their breast cancer may have been the result of taking the defendants’ hormone replacement drugs, a Pennsylvania appellate court has ruled.
State court can’t decide gay divorce
Published: September 1, 2010
Tags: equal protection, same-sex marriage
A state court lacked jurisdiction over a divorce case involving a same-sex marriage that occurred in another state, the Texas Court of Appeals has ruled.
ERISA plaintiff entitled to ‘displacement’ benefits
Published: September 1, 2010
Tags: ERISA
An employee who lost his job after the sale of his company was entitled to job displacement benefits under the terms of his ERISA plan, the 3rd Circuit has ruled in affirming summary judgment.
Service workers may be entitled to overtime
Published: September 1, 2010
Tags: fair labor standards act, interstate commerce, overtime
Workers for local service providers may be entitled to overtime under federal law because their employers have a sufficient nexus with interstate commerce, the 11th Circuit has ruled in reversing judgment.
Taser not liable for inadequate warning
Published: September 1, 2010
Tags: Excessive Force, product liability, Taser, wrongful death, §1983
The product warning accompanying a Taser stun gun adequately warned police officers of the dangers of its “continuous” use in subduing a suspect, a U.S. District Court in Arizona has ruled in granting summary judgment.
Lawyer liable for sending ‘informational’ faxes
Published: September 1, 2010
Tags: consumer protection, junk faxes, Telephone Consumer Protection Act
A lawyer violated federal law when he sent “informational” faxes as part of a marketing campaign, a U.S. District Court in Illinois has ruled in granting summary judgment.
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