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What Constitutes the Duty of Ordinary Care Under Premises Liability Law in a Slip-and-Fall Case?

The Court of Appeals for the Tenth Circuit answers that question in Ritch v. Carrabba’s Italian Grill, LLC, No. 17-5032 (10th Cir. Jan. 3, 2018). In 2013, Linda Ritch (“Ritch”) dined at a Carrabba’s Italian Grill, LLC (“Carrabba’s”) restaurant in Tulsa. After the meal, Ritch…

By T. Thomas Metier

/ 17 Jan 2018

MDL 2592 UPDATE: Xarelto Bellwether Trials

It has been about 4 years since the first Xarelto complaint was filed. In December 2014, a multidistrict litigation (MDL 2592) was created transferring all complaints filed throughout the federal court system to U.S District Judge Eldon Fallon in the Eastern District of Louisiana. Currently,…

By Legal Examiner Staffer

/ 17 Jan 2018

IVC FILTER UPDATE: Court Issues Pretrial Order for BARD IVC Blood Clot Filter Litigation

On January 12, 2018, the District Court overseeing thousands of IVC filter lawsuits against medical device maker C. R. Bard issued an Order for jury selection in advance of the multidistrict litigation’s first bellwether trial – Sherr-Una Booker v. C. R. Bard Incorporated and Bard Peripheral Vascu

By Legal Examiner Staffer

/ 17 Jan 2018

Lawmakers Call for Better Safety Measures in the Form of Truck Underride Guards

In an admirable bipartisan effort from both sides of the aisle, legislators have recently come together to back a bill that could increase the safety of those who share the highways with 18-wheelers. Sen. Kirsten Gillibrand (D- N.Y.) and Sen. Marco Rubio (R-Fla.) as well…

By Legal Examiner Staffer

/ 17 Jan 2018

Why can’t I get the Video of my Fall?

So, you or a family member fell at a store: Publix, Piggly Wiggly, Whole Foods, Walmart, Sams, Costco – you name it. You were injured, and the store’s insurance representative or risk manager is telling you that it is the store’s policy not to release…

By Jon Lewis

/ 16 Jan 2018

Is My Interest In The Trust Protected From Creditors?

Generally, a creditor can reach a beneficiary’s interest in a non-discretionary trust to satisfy the beneficiary’s debts or obligations. However, a trust that is either a spendthrift trust or a discretionary trust, may offer significant protection from the beneficiaries’ creditors, or maybe not. A s

By Legal Examiner Staffer

/ 16 Jan 2018

Did the District Court Err in Not Ordering Immediate Return of Man’s Property?

In Tyler v. City of Omaha, No. A-16-867, (Neb. Ct. App. 2018) the Nebraska Court of Appeals handled this pro se appeal. Billy Roy Tyler (“Tyler”) filed a replevin action against the City of Omaha (“City”) seeking immediate delivery/return of his impounded 1993 Chevy pickup…

By T. Thomas Metier

/ 15 Jan 2018

Inferior Vena Cava Blood Filter Lawsuit Going to Trial in March 2018

The first bellwether trial regarding thousands of IVC (inferior vena cava) filter lawsuits filed against C.R. Bard, Inc. is set to in March. It is tentatively scheduled to go to trial on March 13, 2018, assuming the Court is able to resolve all motions, and if accomplished…

By Joseph H. Saunders

/ 13 Jan 2018

Taxotere Cancer Drug Needlessly Causes Permanent Hair Loss

Hundreds of lawsuits have been filed against Sanofi-Aventis, the makers of the popular chemotherapy medication Taxotere. The drug is used to make the chemotherapy experience smoother and help speed the process of recovery. However, many women taking Taxotere during chemotherapy for breast cancer hav

By Joseph H. Saunders

/ 13 Jan 2018

Roads Could Be Safer as More Truckers Comply with Federal ELD Mandate

It’s been nearly a month since the electronic logging device mandate (ELD) went into effect. The ELD mandate is a federal rule issued by the Federal Motor Carrier Safety Administration (FMCSA) aimed at creating a safer work environment for drivers and making it easier for…

By Legal Examiner Staffer

/ 12 Jan 2018

Is an Easement Deed Valid Even When the Deed Contains Only One Legal Description?

The Colorado Appeals Court took on this question in City of Lakewood v. Armstrong, No. 16CA1494 (2017 COA 159). On June 18, 1984, Lois Jones Mackey (“Mackey”) executed a deed (“Mackey deed”) to convey a permanent public easement for ingress and egress over a portion…

By T. Thomas Metier

/ 12 Jan 2018

IVC FILTER UPDATE: COURT ISSUES SCHEDULING ORDER IN BLOOD CLOT FILTER LITIGATION

On January 9, 2018, U.S. District Judge Richard L. Young issued a Scheduling Order in Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570. This is the second bellwether case scheduled for trial against Cook Medical for injuries caused by its inf

By Legal Examiner Staffer

/ 12 Jan 2018