Articles Posted in US Court of Appeals for the Eleventh Circuit

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In this wrongful death action, plaintiff filed suit against R.J. Reynolds to recover damages based on the death of his wife from tobacco-related diseases caused by her decades-long history of smoking R.J. Reynolds' cigarettes. The Eleventh Circuit held that the district court properly interpreted Florida law in ultimately deciding that plaintiff's damages could not be reduced, even though the jury found his wife to be 45% at fault for her injuries; plaintiff did not waive his right to insist that the Florida intentional tort exception be applied to prevent reduction of compensatory damages based on the wife's degree of fault; and the district court's repudiation of its own charge to the jury concerning the reduction of damages did not justify a reversal of its ultimate decision not to reduce those damages. View "Smith v. R.J. Reynolds Tobacco Co." on Justia Law

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In this wrongful death action, plaintiff filed suit against R.J. Reynolds to recover damages based on the death of his wife from tobacco-related diseases caused by her decades-long history of smoking R.J. Reynolds' cigarettes. The Eleventh Circuit held that the district court properly interpreted Florida law in ultimately deciding that plaintiff's damages could not be reduced, even though the jury found his wife to be 45% at fault for her injuries; plaintiff did not waive his right to insist that the Florida intentional tort exception be applied to prevent reduction of compensatory damages based on the wife's degree of fault; and the district court's repudiation of its own charge to the jury concerning the reduction of damages did not justify a reversal of its ultimate decision not to reduce those damages. View "Smith v. R.J. Reynolds Tobacco Co." on Justia Law

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BSC appealed from various orders and a final judgment in favor of plaintiff, who alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit that was manufactured and sold by BSC. The Eleventh Circuit affirmed the district court's judgment for plaintiff, holding that the district court acted well within its discretion in consolidating four lawsuits and BSC could not establish that it was prejudiced by the consolidation of the suits; the district court did not abuse its discretion when it excluded BSC's 510(k) review process evidence; the district court did not err by declining to overturn the jury's verdict where plaintiff provided sufficient evidence in her favor, so her claims were properly reserved for the jury; the district court did not err by denying judgment as a matter of law to BSC on plaintiff's failure to warn claims; and the district court did not err by denying judgment as a matter of law to BSC on its argument that plaintiff's claims were time barred. View "Eghnayem v. Boston Scientific Corp." on Justia Law

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In this appeal arising from an allegedly defective surgical mesh implant, the Eleventh Circuit certified the following question to the Supreme Court of Texas: In a product liability case, does Texas' discovery rule require a plaintiff to have some knowledge of possible wrongdoing on the part of the manufacturer—i.e., a causal connection between the injury and the manufacturer's conduct—before the plaintiff's claims can accrue? View "Bergin v. Mentor Worldwide LLC" on Justia Law

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Plaintiff filed suit against S&N for negligence, product liability, breach of contract, and misrepresentation. Plaintiff's claims stemmed from his decision to get S&N's metal-on-metal hip replacement system and the injuries he says it caused him. The Eleventh Circuit affirmed the district court's dismissal of the negligence claim to the extent it relies on an improper training or failure to warn theory of liability; affirmed the dismissal of the breach of contract claim; and reversed the dismissal of the negligence claim and strict product liability claims premised on manufacturing defect, as well as his misrepresentation claim. The court explained that these surviving claims were cognizable Florida common law causes of action and were not preempted by federal law. View "Mink v. Smith & Nephew, Inc." on Justia Law