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The Georgia Supreme Court granted a writ of certiorari to determine whether the Court of Appeals in the preceding case, Cooper Tire & Rubber Company v. Koch, 793 SE2d 564 (2016), properly articulated the legal standard for when a plaintiff’s duty to preserve evidence begins and properly applied that standard to the facts of this case. Like a defendant’s duty, a plaintiff’s duty to preserve relevant evidence in her control arises when that party actually anticipates or reasonably should anticipate litigation. Because the Court of Appeals appropriately identified and applied this standard, as did the trial court, the Supreme Court affirmed. View "Cooper Tire & Rubber Co. v. Koch" on Justia Law

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Joas underwent knee replacement at a Wisconsin hospital and received a Zimmer NexGen Flex implant. Within a few years, he began experiencing pain in his new knee. X-rays confirmed that the implant had loosened and required a surgical fix. Joas brought multiple claims against Zimmer. His case was transferred to a multidistrict litigation, where it was treated as a bellwether case. Applying Wisconsin law, the presiding judge granted Zimmer summary judgment. The Seventh Circuit affirmed, declining to reinstate a single claim based on a theory of inadequate warning. The court predicted that the Wisconsin Supreme Court would follow the majority of states and adopt the “learned intermediary” doctrine, which holds that the manufacturer of a medical device has no duty to warn the patient as long as it provides adequate warnings to the physician. In addition, Joas has not identified any danger that Zimmer should have warned him about. Joas has no evidence to support causation. Joas did not select the NexGen Flex implant, so the information would not have caused him to change his behavior. His doctor selected the product, making his decision based on his own past experience, not on any marketing materials or information provided by Zimmer. View "Joas v. Zimmer, Inc." on Justia Law

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The Eleventh Circuit affirmed the district court's judgment against three tobacco companies in favor of plaintiff for compensatory and punitive damages. This case was one of thousands of Engle progeny suits initiated by smokers in Florida against tobacco companies and remained pending for several years while awaiting resolution of other appeals. With the benefit of those decisions, the court carefully reviewed the record and considered the parties' written and oral arguments, affirming the judgment awarded to plaintiff on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. The court held that the district court's instructional error was harmless; the district court did not abuse its discretion in denying the companies' motion for mistrial after plaintiff's medical incident; the court rejected the companies' challenges to the punitive damages award; and the court rejected challenges to the district court's comparative fault findings and federal preemption and due process limits on the Engle jury's findings. View "Burkhart v. R.J.Reynolds Tobacco Co." on Justia Law

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The Ninth Circuit amended the opinion filed on August 22, 2017, and affirmed the denial of an application for disability insurance benefits. The panel held that the ALJ's residual functional capacity determination was supported by substantial evidence. The panel held that a Social Security claimant who wishes to challenge the factual basis of a vocational expert's estimate of the number of available jobs in the regional and national economies must raise this challenge before administrative proceedings have concluded in order to preserve the challenge on appeal in federal district court. In this case, claimant forfeited his challenge to the vocational expert's job numbers. View "Shaibi v. Berryhill" on Justia Law

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After sustaining serious internal injuries in a personal watercraft (PWC) accident, plaintiff filed suit against the manufacturers of the PWC (Yamaha). On appeal, plaintiff argued that the district court erred in requiring expert testimony on her claims and in failing to conduct an appropriate Daubert analysis before excluding her expert's testimony. The Fourth Circuit held that the district court did not abuse its discretion when it excluded the expert's inadequate warning opinion and the district court properly concluded that the PWC's warnings were adequate as a matter of law. In this case, plaintiff based her claims of strict liability, negligence, and breach of warranties on theories of warning and design defects. The Fourth Circuit affirmed the district court's grant of summary judgment for Yamaha on all claims because the record was devoid of admissible evidence on either theory of defect. View "Hickerson v. Yamaha Motor Corporation, U.S.A." on Justia Law

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Plaintiffs filed suit against ZOLL, alleging that claims for strict products liability, negligence, fraudulent misrepresentation, fraudulent marketing and promotion, breach of express warranty, negligent misrepresentation, and negligent infliction of emotional distress all related to the operation (or failure to operate) of the deceased's LifeVest. The Eleventh Circuit affirmed the district court's dismissal of plaintiffs' negligent infliction of emotional distress claim. However, in light of developing and binding precedent in this circuit, the court reversed the district court's dismissal of the remaining claims. The court held that these claims were cognizable Florida common law causes of action and were not preempted by federal law. Accordingly, the court affirmed in part, reversed in part, and remanded. View "Godelia v. ZOLL Services, LLC" on Justia Law

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In these consolidated products liability cases involving a transvaginal mesh prescription device called Obtryx, the jury returned verdicts for plaintiffs, awarding over $4 million to each. The Fourth Circuit held that the district court did not abuse its discretion in consolidating the four cases where common questions of fact and law formed a substantial part of each suit and the district court bent over backwards to ensure that distinct questions of fact and law could be appropriately developed at trial and distinguished by the jury. The court rejected BSC's evidentiary challenges; BSC was not entitled to judgment as a matter of law where it failed to establish that there was insufficient evidence to defeat the jury awards; and the district court's instruction to the jury regarding punitive damages was a correct statement of West Virginia law at the time of the trial. Accordingly, the court affirmed the district court's judgments. View "Campbell v. Boston Scientific Corp." on Justia Law

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After plaintiffs were injured when oil from an airplane's air cycle machine leaked into the cabin and caused the cockpit to fill with smoke and fumes, they filed suit against several defendants. The Fifth Circuit affirmed the district court's grant of summary judgment to Fairchild Controls, holding that plaintiffs' design defect theory failed where the limited expert testimony about the air-foil bearing technology did not prove that a safer design was feasible. The court also held that the failure to warn claim failed because plaintiffs were knowledgeable users, and a warning would have been superfluous. View "Davidson v. Fairchild Controls Corp." on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment dismissing several products liability claims brought against Jones Stephens Corporation by Apex Oil. Applying Arkansas law to this dispute, the court held that the district court properly dismissed the strict liability claim where Apex did not present sufficient evidence that Jones Stephens's product was unreasonably dangerous; the district court properly dismissed the negligence and negligent failure to warn claims where Apex did not present evidence showing a causal connection between voids created by the manufacturing process and a structural failure of the parts; and the district court properly dismissed Apex's claim that Jones Stephens acted deceptively and unconscionably by advertising a "Leak proof seal" on the label of the plastic coupling nut where there was insufficient evidence that Apex's water damage was a result of the alleged deceptive trade practice. View "Apex Oil Company, Inc. v. Jones Stephens Corp." on Justia Law

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Petitioner Apple, Inc. (Apple) is the defendant in a putative class action filed by plaintiffs and real parties in interest Anthony Shamrell and Daryl Rysdyk. In their operative complaint, plaintiffs alleged that Apple's iPhone 4, 4S, and 5 smartphones were sold with a defective power button that began to work intermittently or fail entirely during the life of the phones. Plaintiffs alleged Apple knew of the power button defects based on prerelease testing and postrelease field failure analyses, yet Apple began selling the phones and continued to sell the phones notwithstanding the defect. The trial court granted plaintiffs' motion for class certification but expressly refused to apply Sargon Enterprises, Inc. v. University of Southern California, 55 Cal.4th 747 (2012) to the declarations submitted by plaintiffs' experts. The trial court believed it was not required to assess the soundness of the experts' materials and methodologies at this stage of the litigation. The Court of Appeals determined that belief was in error, and a prejudicial error. “Sargon applies to expert opinion evidence submitted in connection with a motion for class certification. A trial court may consider only admissible expert opinion evidence on class certification, and there is only one standard for admissibility of expert opinion evidence in California. Sargon describes that standard.” The Court of Appeal directed the trial court to vacate its order granting plaintiffs' motion for class certification and reconsider the motion under the governing legal standards, including Sargon. View "Apple Inc. v. Superior Court" on Justia Law