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James Humann

MDL Court Denies Cook Medical’s Motion for Summary Judgment as to the Defective Design of its IVC Filter and Finds that Defendants Argued the Wrong Law 

With less than two weeks before the start of the first bellwether trial in the Cook Medical IVC multidistrict litigation, on October 10, 2017, the Court issued an Order denying Defendant Cook’s Motion for Summary Judgment as to negligence and strict liability design defect claims. The denial was at least partially due to the Defendant’s arguing the wrong legal standard under Florida law.

Matthew Sill

Fulmer Sill Helps Communities Harmed by Opioid Epidemic

For years now, local and tribal governments across the United States have been financially burdened by an epidemic of opioid abuse, addiction, and overdoses that has plagued their communities. The economic cost the opioid epidemic places on communities today is […]

James Humann

MASS TORT UPDATE: District Court in Cook IVC Filter Litigation Denies Defendant’s Appeal to Block the Deposition of its Former President

The District judge held that a review of the sealed documents shows Cook’s former president was involved with the “strategic decisions regarding the enhancement of the Tulip filter and the development of the Celect filter to increase market share. … Most importantly, the documents reflect that he was aware of the risk that both IVC filters could perforate the wall of the vena cava.”

John Bair

Trial Lawyers: What You Need to Know to Navigate Article 50B

Judgments? If I were a trial lawyer, that may sound like a wonderful thing. Payment, collection, winning. Well, if you’re a trial lawyer practicing in New York, or are trying to perfect a verdict from out of state, these words […]

Randy Appleton

End of 100 Deadliest Days for Teen Drivers

Labor Day weekend marks the end of the summer and a return to school. According to AAA, Labor Day also marks the end of the “100 deadliest days” for teen drivers. Statistics show that the 100 days between Memorial Day […]

James Humann

COOK IVC FILTER UPDATE: Court Issues Third Amended Bellwether Trial Plan

With the recent $417 million dollar jury verdict against Johnson & Johnson in the California suit alleging the company’s talc-based baby powder causes ovarian cancer, many in the legal community will be closely watching the Cook IVC bellwether trials which […]

Randy Appleton

1 Killed, 2 Injured on Ride At Ohio State Fair

The Ohio State Fair will reopen today, one day after one of its rides fell apart during operation. One man died and seven people were hurt. The rides will not be operational, however, until all of them have been reinspected […]

Eric Washburn

Florida Rock Band Involved in Serious Truck Crash

The rock band Adrenaline Mob was involved in a fatal tractor trailer accident near Micanopy, Florida on July 14. One member of the band, the bassist, died, while seven others were injured.  The Florida State Highway Patrol stated that the […]

Eric Washburn

Maryland and Virgina Inspectors Push Safety After Deadly Fair Accident

It is not clear at this time why a spinning and swinging ride at the Ohio State Fair malfunctioned in July, killing one person and injuring several others. In Virginia and Maryland, safety agencies say that both states have aggressive […]

James Humann

MASS TORT UPDATE: $300 MILLION BENICAR SETTLEMENT

On August 1, 2017, the Daiichi Sankyo Company announced it has agreed to a $300 Million settlement related to its olmesartan product, Benicar. The manufacturer/defendant, Daiichi Sankyo, is a global pharmaceutical company with origins in Japan.  While agreeing to a […]