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  Not surprisingly, contractors want it repealed: Mike Elmendorf, president of the state Association of General Contractors, says more than 150 people from across New York will be at the state Capitol Tuesday


Los Angeles Juries Aren’t Always Pro-Plaintiff

Generally speaking, California is where a plaintiff is best off bringing a product liability lawsuit.  But not always, as shown by this defense verdict in a case against a helmet manufacturer.  Lawyers for Richard and Kandy Eubanks had asked for $18 million in damages, most of it for the future lifetime care of their 20-year-old son, Justin, who


Average Medtronic Settlement Is $33,000 Dollars

Somewhat coincidentally, I drove past a Medtronic facility the day this was announced.    “Medtronic is pleased we were able to negotiate terms that were mutually agreeable to the parties,” Christopher Garland, a company spokesman, said in a telephone interview. The settlement covers about 8,100 cases, or “virtually all” U.S. claims, Garland said. The settlement resolves


Class action lawsuit over questionable charges for medical record retrieval

One of the little frustrations that pop up in every product liability lawsuit is ordering medical records.  Ordering medical records is always complicated, expensive, and takes too long.  What should be a relatively simple process can turn into a multiple-month ordeal in which the medical provider has to be contacted multiple times.  While this lawsuit won’t make ordering medical


Are Twombly and Iqbal Up For Review?

  The Forbes law blog thinks they might be:  The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure.  * * * * Critics of Iqbal respond that unless they can get past the pleadings stage



Motorola Workers Allege That Chemicals Caused Birth Defects

A lawsuit filed in Cook County, Illinois alleges that Motorola knowingly exposed workers to dangerous chemicals, and as a result of those exposures, the workers’ children had birth defects: According to the lawsuit, their collective employment period stretches between 1965 and 2007. The filing enumerates a variety of physical disabilities and developmental problems suffered by