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lawyers 460 articles

Dying man requests expedited Roundup trial date

A man who last month was given a “devastating diagnosis” of having less than six months to live asked a California judge to expedite his case against Monsanto, maker of the weed killer he claims made him sick. But Monsanto’s lawyers said the man’s terminal diagnosis is not grounds for moving up his trial date. Instead, he should be deposed, they said. Emmanuel Richard Giglio is one of several people in a multidistrict litigation blaming Monsanto’s Roundup and Ranger Pro pesticides for their non-Hodgkin lymphoma diagnoses. They claim the active ingredient in the weed killers – glyphosate – is the ... Read More

Duck Boat Operators Trying to Ward off Lawsuits with 1800s Law

The two companies defending themselves in litigation over the tragic duck boat accident in Branson, Missouri, that killed 17 people in July invoked a maritime law from the 1800s in their argument that they owe no money to victims’ families. The duck boat operators, Ripley Entertainment and Branson Duck Vehicles, filed a lawsuit in federal court on Monday seeking to use the Limitation of Liability Act of 1851 as a shield against more than two dozen lawsuits. The lawsuits were filed by family members of the 17 people aboard the duck boat that sank July 19. There were 31 people ... Read More

Judge Finds Amazon Not Liable For Hoverboard House Fire

A Georgia man who was severely burned and lost his home to a fire triggered by a Chinese-made hoverboard had his lawsuit against Amazon and several other companies dismissed by a federal judge, who said the plaintiff failed to provide sufficient evidence that Amazon knew the device it sold was unsafe. Chief Judge Thomas Thrash Jr. of the Northern District of Georgia responded favorably to Amazon’s motion to dismiss the lawsuit – a decision that lawyers for plaintiff Irvin Love Jr. said came before any factual discovery could be conducted into what and when Amazon knew about the defective hoverboard ... Read More

Judge Upholds Landmark Monsanto Verdict But Slashes Plaintiff’s Award

A California judge pared down a $289 million judgment against Bayer’s Monsanto in a landmark case brought by a terminally ill man allegedly sickened by Roundup herbicide, but upheld the jury’s findings that the agrochemical giant acted with malice. San Francisco Superior Court Judge Suzanne Ramos Bolanos said that the $250 million in punitive damages the jury ordered Monsanto to pay plaintiff Dewayne Johnson must be brought in line with the $39.25 million in compensatory damages the jurors thought was suitable. The judge’s 11-page ruling, released Oct. 22, stated that “regardless of the level of reprehensibility of Monsanto’s conduct, the ... Read More

Monsanto Trial Jurors Petition Judge To Preserve $289 Million Jury Verdict

Monsanto has asked San Francisco Superior Court judge Suzanne Bolanos to overturn a $289 million jury verdict awarded to a California man who claims glyphosate herbicides caused his terminal cancer, prompting some of the jurors to petition the court to preserve the verdict. In seeking to reverse the verdict, Monsanto argues lawyers for plaintiff Dewayne Johnson used “legal theatrics” to emotionally manipulate the jury with inflammatory remarks and influence its decision. Judge Bolanos issued a tentative written ruling Oct. 10 indicating that she would overturn the $250 million in punitive damages the jurors awarded Mr. Johnson and reduce the $33 ... Read More

Plaintiffs Get $3 Million in Negligent Security Case Against Georgia Apartment Complex

Insurers of the defendants in a negligent security case have paid $3 million to the parents of a teen shot to death and another man critically injured in a January 2016 apartment complex shooting in Decatur, Georgia. Creekside Forest Apartments, its owner Chester Meisels, security provider SMJ Construction Services, and its owner Joe Gonzalez were sued by the parents of 15-year-old Jaylon Henderson and 27-year-old Terrell Sellers, a friend of Jaylon’s older brother. According to the Daily Report, Jaylon and his brother Zerek were visiting Mr. Sellers at the Creekside Forest Apartments on Jan. 6, 2016. Mr. Sellers was a ... Read More

Motion suggests pharmacy benefit managers adopt opioid guidelines

The top pharmacy benefit management (PBM) companies, like CVS Caremark, Express Scripts Inc., and OptumRx Inc., should be required to follow opioid prescribing guidelines consistent with the Centers for Disease Control and Prevention (CDC) in light of the opioid epidemic, according to a new motion in the growing opioid multidistrict litigation (MDL). The motion for preliminary injunction came out of two MDL cases – one filed by union benefit plans for Ohio residents, and another filed by Webb County, Texas. PBMs have, for the most part, flown under the radar in the opioid MDL, until now. The opioid MDL consolidated ... Read More

Sepsis sends 25,000 nursing home patients to hospitals annually

Sepsis, a life-threatening complication of an infection, was the most common reason for transfers of nursing home patients to hospitals, and these patients were much more likely to die from sepsis than any other condition, according to a federal report cited in MedPage Today. Just as devastating is the human and financial toll of these cases. According to an analysis conducted for Kaiser Health News by Definitive Healthcare, a private health care data firm, 25,000 nursing home residents each year developed sepsis and other conditions and were transferred to hospitals, costing Medicare more than $2 billion a year. “This is ... Read More

Court Allows Whistleblower Retaliation Suit Against New Mexico DA to Stand

A whistleblower lawsuit against a southern New Mexico district attorney has survived a second attempt by the defendant’s attorneys to get the case dismissed. The Las Cruces Sun-News reports that New Mexico state judge Jarod Hofacket denied a motion by lawyers representing Dona Ana County District Attorney Mark D’Antonio to reject a whistleblower lawsuit brought by Marylou Bonacci, a former office manager at Mr. D’Antonio’s office. According to the Sun-News, Ms. Bonacci claims she was terminated in retaliation for speaking out against corruption and other wrongful conduct she allegedly witnessed in the D.A.’s office. The whistleblower lawsuit, which Ms. Bonacci filed ... Read More

Jacksonville Landing Shooting Survivors To File Negligent Security Complaint

A lawsuit for the survivors of The Jacksonville Landing mass shooting in Jacksonville, Florida, will be filed this week, various sources say. The Aug. 26 mass shooting left three people dead, including the killer, identified as 24-year-old David Katz of Baltimore. Eleven people were injured in the shooting, including nine with gunshot wounds. The killer used a single firearm to shoot at people who attended the Madden NFL 19 video game competition at The Jacksonville Landing shopping, dining and entertainment complex on the St John’s River in Jacksonville. The video game tournament was being held inside the GLHF Game Bar ... Read More