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November 21, 2023 | Law.com

Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read
November 02, 2023 | Law.com

Judges, Lawyers Brace for Expert Evidence Rule Changes

An amendment to Federal Rule of Evidence 702 is set to take effect on Dec. 1, after years of discussion from the Judicial Conference Committee on Rules of Practice.
6 minute read
October 26, 2023 | The Legal Intelligencer

Defense's Evidence Helps Plaintiff Score $9.6M for Crushed Leg

"I have had animations created many times, where I've then looked at it and said, 'You know, I think the defense can score as many points with this as we did,'" Saltz Mongeluzzi Bendesky partner Jeffrey Goodman said.
3 minute read
October 19, 2023 | Law.com

How Lawyers Are Already Wielding Upcoming Changes to Expert Evidence Rules

At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.
6 minute read
July 07, 2023 | New Jersey Law Journal

'Enemies List': Plaintiffs' Expert Witnesses Are Targets as J&J Unit Revives Lawsuit

Johnson & Johnson subsidiary LTL Management filed a second fraud lawsuit on Friday against three plaintiffs' experts who authored a 2020 report linking its talcum powder products to mesothelioma.
4 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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June 13, 2023 | Law.com

8th Circuit Finds Death Row Inmate Has Standing to Sue State Officials for Allegedly Failing to Turn Over Key Evidence That Could Prove Innocence

"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunction relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," Judge Jane Kelly wrote on behalf of the court. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him."
6 minute read
May 19, 2023 | Law.com

'This Is Fraud': Plaintiff Wins Key Ruling Over Expert's Talc Report, Files Sanctions

U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
5 minute read
March 31, 2023 | New York Law Journal

Parent-Child Privilege: Alive and Well But With Uncertain Conditions

Kemp has renewed interest in recognizing as well as limiting or precluding the existence of a parent-child privlege through legislation. This column will explore the present landscape and with that background suggest issues which must be addressed in a codification of the privilege.
12 minute read
August 05, 2022 | Law.com

Virginia's Medical-Amnesty Statute Divides Appeals Court Over 2 Questions of First Impression

"Unfortunately, although no doubt well-intentioned, the majority violates the judicial norms listed above," Judge Wesley G. Russell Jr. wrote in the dissent. "As explained below, I believe the majority's departures from these norms lead the majority to an incorrect conclusion: that a defendant may invoke the protections of the overdose statute without actually experiencing an overdose."
6 minute read
August 02, 2022 | National Law Journal

From Tobacco to Opioid Litigation, Robins Kaplan Leader Discusses Helping Tribal Nations, Law Firm Leadership

"Representing tribes has given me such a unique perspective into the problems tribal nations face in this country," says Robins Kaplan national tort group chair Tara Sutton.
9 minute read

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