DuPont Leak Kills Four, Prompts Wrongful Death Suit

As you may have heard by now, a chemical spill at a Texas DuPont plant left four dead and another hospitalized last Saturday.  This plant, in La Porte, Texas – a small city near Houston, manufacturers manufacturers a variety of products, including plastics, fertilizers, and insecticides.  The cause of the DuPont leak has not been


Boston Scientific Pelvic Mesh Developments

Pelvic mesh litigation now comprises over 60,000 cases in the federal MDL, proceeding in the Southern District of West Virginia, and notable developments in the MDL and in cases proceeding in state and federal courts continue as cases prepare for bellwether trials. Judge Goodwin issued a fascinating opinion on the application of the learned intermediary


Cook Medical IVC MDL Cases Transfered to Southern District of Indiana

Plaintiffs in 12 of 27 pending cases against Cook Medical successfully moved the Judicial Panel on Multi District Litigation (“JPMDL”) for centralization of their cases into an MDL.  These cases were centralized into an MDL,  In re Cook Medical, Inc., IVC Filters Marketing, Sales Practices, and Products Liability Location, MDL No. 2570, and were transferred


HIPAA, Tort Reform, and State Law Remedies for Violations

The demand for privacy law expertise continues to increase, as courts and lawmakers wrestle with the issue of what sorts of information are protected under the law, how violations are or should be enforced, what forms of recourse and relief are available to aggrieved parties, and where such relief may be obtained. The Eleventh Circuit


CNN: SCOTUS to hear Obamacare Challenge

Here is a video from CNN that outlines King v. Burwell, a new court case taken up by The Supreme Court of the United States, widely challenging Obamacare.  If the Court upholds the challengers to the Affordable Care Act, people in the 34 states using healthcare exchanges established by the federal government will no longer be


Supreme Court to Hear New Challenge to Obamacare

As reported by the New York Times, US Supreme Court announced today it will accept a new challenge to Obamacare (the Affordable Care Act), threatening the president’s signature piece of legislation. The case centers about “tax subsidies that are central to the operation of the health care law. According to the challengers, those subsidies are


Excerpt of APSCU vs US Lawsuit over For-Profit Universities

Here is an excerpt from the lawsuit filed by the Association of Private Sector Colleges and Universities (APSCU) against the US Department of Education and The United States at large.  As I wrote earlier today, this lobbying group is suing US federal government for enacting new regulations concerning for-profit universities. To be clear, these institutions


For-Profit Universities Sue US Government Over New Regulations

A recent article by Mother Jones titled “Subprime Students: How For-Profit Universities Make a Killing By Exploiting College Dreams” sheds light on the for-profit education racket: “While the for-profit business model has generally served investors well, it has failed students. Retention rates are abysmal and tuitions sky-high. For-profit colleges can be up to twice as


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