Personal Injury Roundup No. 12 (10/24/08)

On this day in history, the George Washington Bridge in New York City was dedicated, and the forty-hour work week went into effect in the United States.   No historical torts news, so on to recent events: 

Reform, Legislation, Policy

• Science Board to the Food and Drug Administration will meet on Oct. 31st to discuss the topic of BPA. (Mass Tort Defense)
• In the meantime, Canada becomes first country to ban BPA baby bottles. (WebMD)
• Republican candidates for AG in Ohio and West Virginia pledge “greater oversight of contingency fee-based contracts and disclosure of contracts with the attorneys general offices, including agreements for outside counsel.”   (Legal Newsline)
• GAO issues report on FDA’s foreign drug inspection program.  (Report (pdf), LifeSciences Legal Update, Pharmalot)
• Congressional Research Service evaluates constitutionality of federal tort reform legislation.  (Open CRS, Law Librarian Blog)

Experts & Science

• Court finds plaintiffs’ expert causation opinions inadmissible under Daubert in the In re Human Tissue Products Liability Litigation MDL.  (NJ Law Journal/law.com, Drug & Device). 

New Lawsuits

• Xbox gamers file consumer class action against Microsoft.  (PC World)
• Passengers sue Lindsay Lohan for “fear and panic” during car chase.  (TortsProf, AP)
• David Duchovny files libel suit against British newspaper.  (SF Gate, Contact Music, NOW Mag)
• City of Tampa votes to sue engineer, builder, and construction manager over cracks that are limiting the capacity of the city’s water reservoir.  (St. Pete Times)

Trials, Settlements & Other Ends

• Pfizer settles “substantially all” of the Bextra and Celebrex suits for $900 million.  (Pharmalot, Drug & Device, AP/law.com)
• Two diet-drug trials; two different results:  New Jersey jury awards $3M to the plaintiff in a fen-phen trial against Wyeth.  (Pharmalot).  While in Philadelphia, Wyeth gets a win. (Legal Intelligencer/law.com)
• Trial court applies Oregon’s statutory damages cap to an employment discrimination case, finding it constituted a tort within the meaning of the Oregon Tort Claims Act.  (Curry County Reporter)
• Manhattan trial judge grants summary judgment for Lawyers Athletic League in suit by former college basketball player who was injured while playing on a team organized by Milberg Weiss.  (NY Law Journal/law.com)

Appeals

• California Court of Appeals upholds certification of a consumer class action against HP.  (Mass Tort Defense)
• D.C. Court of Appeals hears oral argument in the infamous $54M pants case.  (BLT, WSJ Law Blog, WSJ Law Blog #2, NewsChannel 8, Law.com/AP)
• Florida Supreme Court holds newspapers cannot be sued for putting people in a “false light.”  (Court’s opinion, How Appealing, Daily Bus Review/law.com)
• Ohio Supreme Court holds Ohio’s 2004 asbestos reform statute applies to cases that were pending when the statute became effective.  (Court’s opinion, Intl Business Times, AP/law.com, Mass Tort Defense)
• Professor Andrew Morris (U. Illinois) comments on the recent SCOTUS arguments in Altria v. Good.  (Mass Torts Profs)

Damages

• Squabbling over how to slice the money pie delays distribution of Exxon Valdez punitive damages award.   (TortsProf, AP/law.com, Cal Punitive Damages)

Miscellaneous

• Arthur Miller joins Milberg as Special Counsel.   (Mass Torts Prof, NY Law Journal/law.com)

– SBS