Punitive Damages, Deterrent Effect, and the Constitution

Judge Rebecca F. Doherty entered an amended judgment on October 27, 2014, reducing a $6 billion award of punitive damages against Takeda and a $3 billion award against Eli Lilly in Allen v. Takeda Pharmaceutical Co. Ltd. et al., Civil No. 6:12-cv-00064, a case in the Actos MDL, proceeding in the Western District of Louisiana,


Stryker Rejuvenate and ABGII Hip Implant Settlement News

A long-awaited settlement was reached between Howmedica Osteonics Corp., manufacturer of the Stryker Rejuvenate and ABG II hip implants, and representatives for persons injured by these medical devices. The settlement includes encompasses claims brought in both the federal MDL pending in the District of Minnesota ( In re: Stryker Rejuvenate and ABG II Hip Implant


Center for American Progress Highlights Pitfalls of Tort Reform

A few weeks ago, the Center for American Progress published a short video detailing the deleterious effects tort reform has on public safety in Texas.  Here’s what they had to say about their video: “A new video from Legal Progress, the legal policy program at the Center for American Progress, documents the damaging effects of


More Bogus Arguments by Proponents of Tort Reform

After several states passed tort reform legislation in 2004, the Economic Policy Institute published a report titled “The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits,” that revealed a number of important flaws in the argument for the necessity for and benefit from tort reform. Many


Three Myths About Tort Reform

Tort reform has sullied the political landscape of this country for years.  A set of proposed laws and regulations at both the state and federal level, one central aim of tort reform is to limit the compensation an injured party can recover in a personal injury lawsuit, or “tort,” attempting to “save” health care from


Xarelto Lawsuit Information

WARNING: Xarelto Linked to Fatal Internal Bleeding, No Reversal Agent Recently, the anticoagulant drug Xarelto (rivaroxaban) has come under increased scrutiny by both the United States Food and Drug Administration and medical professionals alike, citing an increased risk for internal bleeding.  Unfortunately, there is as yet no reversal agent for the drug. Due to inadequate


What to Expect if Your Car Accident Case Goes to Trial

Though most car accident claims are settled before a trial, some cannot be.  Sometimes, it isn’t clear who caused the accident.  Other times, it is clear who caused the accident but there is disagreement over a fair settlement. Every state’s court system is different, but the general process is fairly similar.  The case will most


Class action lawsuit filed over ill-fated cruise

We all knew this was coming: A Florida maritime law firm has filed a class-action lawsuit on behalf of passengers aboard the ill-fated Carnival Triumph. The federal lawsuit, filed Monday in Florida, says that Carnival Corp. was negligent for allowing Triumph to embark on the failed cruise when the company was aware the ship was


new york contractors pushing for repeal of unique scaffold law

New York has an old and somewhat unique law that holds a variety of parties responsible whenever anyone is injured on a scaffold.  Not surprisingly, contractors want it repealed: Mike Elmendorf, president of the state Association of General Contractors, says more than 150 people from across New York will be at the state Capitol Tuesday