Personal Injury Roundup No. 3 (8/15/2008)

Week 3 of the Roundup finds most TortsProfs preparing to return to the classroom.  Here’s what happened while the syllabi and final footnotes were polished.

Reform, Legislation, Policy

• Attorneys consider a constitutional challenge to Maryland’s cap on punitive damages ($650,000 per instance) after a judge reduces a malpractice award from $4.5 million to $1.3 million.  [Gazette.net via Wood/Point of Law]
• “Tort Reform Panic on the Right?”  [Wahlstrom/Legal Broadcast Network, commentary by Franklin/Tort Deform]
• President signs new CPSC bill [Consumer Reports, Point of Law].

New Lawsuits

• Donald Trump files a privacy suit against his former law firm for using his name and image “for advertising purposes.”  [ABA Journal]
• Is Big Caffeine the Next Target?  [Frank/Overlawyered]  I sure hope not.
• Investors in alleged real estate scam sue the lawyers. [NY Law Journal/law.com]

Experts & Science

• John Day points his readers to a recent Missouri ruling allowing experts to testify in a res ipsa infection case.  [Day on Torts]

Trials, Settlements & Other Ends

• Jury awards $500,000 against Cohen Milstein for legal malpractice.  [Legal Times/law.com]
• Plame can’t sue the government officials who allegedly revealed her secret identity.  [ABA Journal, Denniston/SCOTUS Blog]
• Landlord who wouldn’t rent to a family because of lead paint must pay $4,000.  [LegalNewsline]
• Texas Plaintiffs suing over bone-building drugs Aredia and Zometa are preempted.  [Prince/Products Liability Prof Blog]
• PA woman wins $2.78 million in med mal verdict for “chronic and excruciating pain” following an attempt to remove contraceptive implant rods and “unnecessary” neck surgery.  [Delco Times]
• Saudis can’t be sued in 9/11 suit [WSJ Law Blog]

Appeals

• Summary judgment in favor of Honda was reversed by the Sixth Circuit because the consumer expectations test applies to air bags.  [Prince/Products Liability Prof Blog]
• Wyeth v. Levine [WSJ, Burch/Mass Tort Lit Blog]
• Kentucky volunteer fire departments could lose the benefit of sovereign immunity.  [Kentucky.com]

Damages

• USSC declines to decide the dispute over post-judgment interest on the punies award, but directs the Ninth Circuit to resolve it.  [Cal Punitive Damages]
• CT Supreme Court reduced damages in worker’s comp case because of claimant’s smoking.  [Conn. Law Tribue/law.com]
• More controversy on West Virginia Governor Joe Manchin III’s decision to file an amicus brief with W.Va. Supreme Court in punitive damages appeal.  [NY Times, Cal Punitive Damages]
• A jury in Utah has awarded punies of 16 times a substantial compensatory award; expect an appeal.  [Cal Punitive Damages]

Miscellaneous

• Apparently a Dallas trial lawyer paid the monthly rent for John Edwards’s former mistress to relocate.  [ABA Journal stories here and here, Overlawyered]
• Health care costs to rise by 10% in 2009.  [WaPo, HealthLawProf Blog]
• The Pop Tort has a mini-roundup of potential medical malpractice here.
• Should companies have to disclose the estimated costs of all continuing litigation?  [Slater/WSJ Law Blog]
• Is cheating on a spouse relevant in a p.i. case?  [Miller/Maryland Injury Lawyer Blog]
• Legaline interview with Gerry Spence [LegalTalkNetwork]

Goofy Stuff

• A flight attendant is suing Victoria Osteen, wife of television evangelist Joel Osteen, for an alleged scuffle during a 2005 flight.  I have no opinion as to the assault and battery aspects of the case.  The “goofy” tag applies to the plaintiff’s claim that she lost her faith based on the incident.  [ABC News]

Shameless Self-Promotion (favorite posts of this week)

• Chris:  O’Connell and Robinette Publish New Book on Tort Reform (Now that’s shameless!)
• Bill: Lawyers & the presidential election

Thanks to:  Bob Ambrogi

–CJR