When a party takes a case to trial and does not get the result they had hoped for, they can sometimes appeal the lower court’s decision to an appellate court to have the case reviewed. Most states, including Indiana, have three levels of courts: trial, intermediate appellate, and supreme. As the…
The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff’s proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects…
Earlier this month, the Eighth Circuit Court of Appeals decided a case in favor of a woman whose husband was killed when a gun in his friend’s possession accidentally discharged. The court’s opinion in the case, O’Neal v. Remington Arms Company, held that the plaintiff submitted enough proof of negligence on…
Although the tragic events happened two years ago, lawsuits are still being filed for damages resulting from the Sugarland concert stage collapse at the 2011 Indiana State Fair. The outdoor show stage area was suffering extensive wind gusts at the time. The temporary roof structure of the stage collapsed and…
Conflicts between state and federal laws governing prescription drugs led the Alabama Supreme Court to rule that a plaintiff allegedly injured by a generic drug may sue the manufacturer of its brand-name equivalent. In re Wyeth, Inc., et al v. Weeks, No. 1101397, slip op. (Ala., Jan. 11, 2013). Because…
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).…
A pharmaceutical sales representative’s conviction for conspiracy to introduce a misbranded drug into interstate commerce violated his rights to free speech under the First Amendment, according to the Second Circuit’s ruling in United States v. Caronia, No. 09-5006-cr, slip op. (2nd Cir., Dec. 3, 2012). The court held that the…
A nationwide outbreak of fungal meningitis, traced to medications from a Massachusetts compounding pharmacy, has prompted lawmakers and others to propose strengthening oversight and regulation of compounding pharmacies around the country. These pharmacies currently have no consistent system of federal oversight, although state governments have a wide range of regulations…
A lawsuit filed by an anonymous company sought to remove allegedly false or misleading information about the company’s product from an online product safety database maintained by a federal agency. The plaintiff in Company Doe v. Tenenbaum, No. 8:11-cv-02959, slip op. (D. Md., Oct. 22, 2012), alleged that a report…
“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…