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Articles Posted in Personal Injury Litigation

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Appellate Court Affirms Judgment in Defendant’s Favor in Pharmaceutical Products Liability Lawsuit, Citing Lack of Expert Testimony

An appellate court ruled in favor of a pharmaceutical company in an appeal of a summary judgment order and a jury verdict in a multi-district products liability lawsuit. Secrest v. Merck, Sharp & Dohme Corp., part of In re: Fosamax Products Liability Litigation, No. 11-4358-cv (2nd Cir., Jan. 30, 2013).…

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Parents Sue Indiana School, Alleging Negligence for Failure to Prevent Sexual Abuse of Child by Other Students

The parents of an eight year-old child have filed suit against the child’s school, alleging negligence and violations of their child’s statutory and constitutional rights. Doe v. Ball State University, et al, No. 18C01-1208-PL (Circuit Court No. 1, Delaware County, Ind., Sept. 28, 2012), removed to No. 1:12-cv-01464 (S.D. Ind.,…

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After Multiple Lawsuits Allege Wrongful Death and Other Claims Against Energy Drink Company, Insurance Companies Seek Declaration that They Are Not Obligated to Provide Defense

“Energy drinks,” a general category of drinks with high levels of stimulants like caffeine, taurine, and guarana, have been the subject of much scrutiny in recent years, as their excessive consumption has allegedly led to multiple injuries and deaths. Four Loko, an energy drink that also contains alcohol, has been…

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Appellate Court Overturns Worker’s $30 Million Verdict in Claim for Chemical Exposure: Solis v. BASF Corporation

An Illinois appellate court overturned a $30 million verdict in favor of a chemical-flavoring plant worker who claimed that a chemical used in popcorn butter flavoring caused him permanent lung damage. The verdict in Solis v. BASF Corporation was reportedly the largest in a series of popcorn flavoring lawsuits. The…

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Spinal Fractures, Traumatic Brain Injury, and Other Risks Posed by Trampolines, According to Pediatricians

While trampolines remain a popular recreational activity for many children and teenagers, pediatricians have long warned that they pose serious dangers of debilitating spinal fractures or traumatic brain injuries. The American Academy of Pediatrics (AAP) renewed its warnings in a paper published this month in its journal, Pediatrics, reviewing the…

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Indiana Court of Appeals Rules Insurance Company for Bar Not Obligated to Pay Damages to Patrons Injured in Bar Fight

The Indiana Court of Appeals reversed a trial court’s order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage. In Alea London, Ltd. v. Nagy, et al, two plaintiffs, who had obtained a judgment against a bar for injuries sustained…

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Settlement Negotiations Over Indiana State Fair Stage Collapse Lawsuit Fall Through; Settlement from State Government Still Pending

Victims of the stage collapse at the 2011 Indiana State Fair had until August 1, 2012 to approve a proposed settlement involving the State of Indiana, the owner of the collapsed stage, and the stage’s manufacturer. The stage owner rejected the settlement plan after the deadline, saying not enough plaintiffs…

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Family of Woman Killed at Halloween Party Sue Hotel, Event Companies

The parents of a woman who died after falling from a staircase at a 2010 Halloween party have filed a lawsuit against the Chicago hotel and event companies that hosted the party. The suit alleges negligence against the party’s hosts for providing unlimited alcohol to the attendees, and failing to…

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Indiana Court Allows Son’s Suit Against Father for Auto Accident Injuries to Proceed

The Indiana Supreme Court has ruled that a man who was injured when his father drove into him, pinning him between two vehicles, may sue for damages. A trial court dismissed the lawsuit in Robert L. Clark, Jr. et al vs. Robert L. Clark, Sr., based on a state law…

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Study Ranking States’ Success at Injury Prevention Gives Average Scores to Indiana

Indiana ranks in the middle of the fifty states and the District of Columbia when it comes to injury prevention, according to a recent study. The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” is the work of the Trust for America’s Health (TFAH), a health care…

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