Personal Injury Roundup No. 17 (12/5/08)

On this day in history, prohibition ended as Utah became the 36th state to ratify the 21st Amendment to the Constitution, repealing the 18th Amendment.   On to the week’s news in the world of torts:

Reform, Legislation, Policy

• Manhattan Institute issues report: “Greater Justice, Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System.”   (Manhattan Institute Executive Summary, PDF of full report, Legal Newsline,  Brooklyn Daily Eagle)
• Peter Schuck (Yale) proposes Congress follow a “legislative checklist” to deal with things like preemption in advance.  (WSJ Law Blog)
• Cleveland Clinic discloses doctors’ relationships with the drug and medical device industries.  (NY Times)
• FDA partners with WedMD to provide consumers information.  (UPI, FDA)
• Beck & Herrmann on the new draft of the ALI’s Principles of Aggregate Litigation.  (Drug & Device). 

New Lawsuits

• Wrongful death suit filed against Medtronic based on off-label use promoted by company. (MarketWatch, Minneapolis Star Tribune, Lieff Cabraser)
• Indiana National Guardsmen sue military contractor alleging the defendant knowingly exposed the soldiers to toxic chemicals, but concealed the risk.  (Evansville Courier Press, Indiana Star, Complaint (pdf))
• Shoppers injured at Wal-Mart Black Friday incident file claim notice with Nassau County. (UPI, Overlawyered)
• Family of trampled worker also sues Wal-Mart.  (Fox News, TortsProf,  Overlawyered #2, NY Personal Injury)
• Family of nun killed by falling closet files suit.  (CBS3/AP)

Trials, Settlements & Other Ends

• Chevron wins Alien Tort Claims Act case. (TortsProf, Point of Law, Sebok Writ Column)
• W.R. Graces settles asbestos class action.  (Law.com/AP)

Appeals

• The United States Court of Appeals for the Sixth Circuit rules that the Vatican is not immune from suit and could be sued for negligence in sexual-abuse cases filed in the U.S.  (WSJ Law Blog, Court Opinion (pdf)). 
• Cal Punitive Damages has a good round-up of the coverage of Philip Morris Round Three at the Supreme Court.  Curt Cutting also gives his “guesses” on how the Justices will vote.   

Damages

• Lawsuit challenges Texas damages caps as unconstitutional.  (Southeast Texas Record)

Miscellaneous

• “Big Salt”?  Consumer Reports finds unhealthy sodium levels in breakfast cereals and bagels.  (Reuters)
• Moscow authorities find negligence caused death of rising NFL player. (NY Med Mal)
• The ABA Journal announced its 2008 Blawg 100.  While sadly TortsProf did not get the nod this year, Beck & Herrmann at Drug & Device are named in the Niche category, as is Overlawyered and Eric Turkewitz’s New York Personal Injury Blog is mentioned in the Regional category.  Voting ends January 2d. 

Thanks to Bill and Eric Turkewitz for material this week.

– SBS