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Mike Bryant

College Bowl Game: Don’t Add Drinking And Driving

There is no doubt that  Jon Lewis , Brandon Smith and Matthew Sill,   from here at the Legal Examiner, will be cheering on their local teams in the college playoffs..  Locally , we will not be watching the Gophers  this year. It was my […]

Randy Appleton

Fair Compensation for Wrongful Death

What happens in fatal car wrecks? Like most other states, North Carolina has a wrongful death statute. Under this law, an experienced attorney can provide a family compensation for their loss. Direct economic losses in wrongful death cases are compensable. […]

Brett Emison

Dark Money Electing Judges Is Undermining Judicial Independence

A new report finds that judicial independence – a bedrock of our civil and criminal justice system – is eroding and under attack.  Surprisingly, 38 states elect supreme court judges, who render the final decisions on constitutional issues, legislative and […]

Melanie J. VanOverloop

Understaffing at Nursing Homes Can Lead to Neglect

Nursing homes or assisted living facilities are often a transitional step for the elderly after they stop living independently at home but before they enter a skilled nursing facility. Although the number of nursing homes is booming, oversight of these […]

T. Thomas Metier

In a Wrongful Death Action, Can an Earlier Agreed-to Arbitration Agreement Be Enforced?

In Kindred Healthcare v. Boyd, (2017 Wy. 22), the Supreme Court for the State of Wyoming answers this question. Ninety-three-year-old Aletha Boyd (“Aletha”) died following her discharge from Kindred Nursing and Rehabilitation – Wind River (“Kindred”). Her daughter, Susan Boyd […]

Melanie J. VanOverloop

Construction Site Safety – Lookout for Dangerous Boom Lifts

Aerial boom lifts are commonly used on construction sites, but they have a potentially deadly defect that many manufacturers and equipment rental companies have failed to address. An aerial boom lift can be used on a jobsite to place workers […]

James Humann

Multidistrict Litigation Update: Cook IVC Filter Bellwether Trial Moves Forward as Legal Teams Prepare for the First Bard IVC Filter Bellwether Trial

Legal practitioners are closely following the first Cook IVC filter bellwether case as it starts its third week of trial before U.S. District Judge Richard L. Young in the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570).

James Humann

MASS TORT UPDATE: Surgical Infection Injuries and Heater-Cooler Devices Used During Cardiac Surgery

Patients who underwent open-chest surgery and subsequently suffered from serious bacterial infections are filing lawsuits against LivaNova PLC (formerly Sorin Group Deutschland GmbH), the manufacturer responsible for the Stockert 3T Heater-Cooler System. New studies indicate that the Stockert 3T devices were likely contaminated during the manufacturing process with the rare bacteria called Mycobacterium chimaera (M. chimaera).

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 […]