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Day on Torts

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Plaintiffs’ Jury Verdict Reversed in Metabolife Case

A jury verdict for several plaintiffs who alleged that they were injured by the weight-loss supplement Metabolife 356 was recently reversed by the 11th Cir. Court of Appeals. The Court ruled that the expert testimony offered by the Plaintiff on the causation issue should not have survived at Daubert challenge.…

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Mississippi Rejects Church’s Efforts to Thwart Pedophile Priest Case

The Supreme Court Of Mississippi has affirmed a trial court’s denial of motions to dismiss claims brought against a Mississippi bishop and Diocese arising out of priest pedophilia. The Church asserted First Amendment and other claims in an effort to avoid the suit. A discovery dispute was also resolved by…

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Maine Rejects Catholic Church’s “First Amendment” Defense in Pedophile Priest Case

The Maine Supreme Court has ruled that the Roman Catholic Bishop of Portland cannot assert the First Amendment as a defense to a claim of negligently supervising a pedophile priest. The Court reviewed the First Amendment law on point and noted that “[t]he Diocese has not asserted that it actually…

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