From Westlaw Journal Asbestos: A New York trial court judge has set aside an $11 million verdict and granted judgment for defendant Ford Motor Co. after finding no foundation for admitting testimony by the plaintiffs’ experts.
“Evidence of [the plaintiff’s] ‘regular’ exposure to brakes, clutches or gaskets sold or distributed by defendant during his work life, absent any quantification of the exposure, is insufficient to constitute a scientific expression of his exposure,” Justice Barbara Jaffe of the New York Supreme Court said in an April 13 order.
From Westlaw Journals Medical Devices:
A federal appeals court has affirmed the dismissal of a suit alleging an implanted blood filter was defectively designed and manufactured, finding dismissal was proper because the plaintiff’s main expert was disqualified.
The 11th U.S. Circuit Court of Appeals said a Florida federal judge properly granted summary judgment to medical device maker C.R. Bard Inc. because plaintiff Anthony Payne was left without nothing to support his claims after his lead expert was declared unqualified to testify.
From Westlaw Journal Health Care Fraud: Corrected tax statements have been sent to Obamacare enrollees who learned earlier this year that the initial statements were incorrect and could delay their tax returns.
According to the Centers for Medicare & Medicaid Services, by April 1 the Health Insurance Marketplace had provided updated 1095-A forms to the vast majority of consumers who were initially given incorrect information. Overall, CMS estimated that 820,000 taxpayers were affected.
From Westlaw Journal White Collar Crime: The city of Miami’s former budget director says he has qualified immunity from securities fraud penalties sought by the Securities and Exchange Commission, and he has asked the U.S. Supreme Court to release him from any financial liability.
At issue is whether a government officer performing discretionary duties is entitled to qualified immunity when facing monetary penalties under a federal statute, the petitioner says.
By Frank Reynolds, Senior Editor, Westlaw Journal Delaware Corporate
From Westlaw Journal Delaware Corporate: The Delaware Chancery Court’s chief judge will decide after hearing upcoming arguments whether Massey Energy Co.’s new owner must pay ex-CEO Donald L. Blankenship’s legal bills in his federal criminal trial over a 2010 mine disaster.
At an April 8 trial on Blankenship’s claim that Alpha Appalachia Holdings Inc. broke its promise as Massey’s successor to fund his defense in litigation over the deadly Upper Big Branch mine explosion, Chancellor Andre G. Bouchard ordered a new round of post-trial briefing on a pivotal issue.
From Westlaw Journal Tobacco: A California federal judge has awarded $48,548 in attorney fees and costs to a defendant hookah seller after a federal appeals court ruled its products did not infringe a competitor’s copyrights.
U.S. District Judge Otis D. Wright II of the Central District of California found defendant Starbuzz Tobacco’s requested fees and costs reasonable.
Some highlights from recent California litigation available on WestlawNext include a claim of disability discrimination by a Taco Bell lab technician, a defense verdict in a pelvic-mesh medical malpractice suit, and a finding against a small private school that sued its accrediting agency.
From Westlaw Journal Professional Liability: An Ohio woman has won reinstatement of a malpractice action against a lawyer after a state appeal panel found triable issues of fact regarding whether she reasonably believed she was his client.
A trial court had granted summary judgment to John P. Hildebrand Sr. after concluding the woman failed to prove that the attorney-client relationship she had with John P. Hildebrand Jr. extended to him.
From Westlaw Journal Securities Litigation & Regulation: An Alabama pension fund has won reversal of an arbitration decision that favored securities brokerage Morgan Keegan & Co. and an advisory firm in a dispute over allegedly mismanaged investments.
The Alabama Supreme Court said the Financial Industry Regulatory Authority arbitrators in the case failed to disclose their relationships and dealings with Morgan Keegan and Morgan Asset Management.