Have you had the opportunity to check out our Business Litigation Blog yet? It is full of information for those of us who involved in commmerical disputes.
For example, here is a link to a post on the issue of when attorneys’ fees must be litigated.
Vioxx Trial – Plaintiff Rests
The Plaintiff closed her case yesterday in the Texas Vioxx trial, and Merck called its first witness, a researcher.
One of Merck’s arguments is that the decedent was a smoker. His widow testified that he had not smoked in 15 years.
I assume that Merck has at least one defense better than that one.
Anthrax Scare and Defamation
Remember the anthrax scare in the months following the 9/11 attacks? Remember Mr. Z? If you don’t, this opinion will refresh your recollection.
Mr. Z was named in some New York Times articles and did not appreciate being called a terrorist. He sued, had his case dismissed, but the Fourth Circuit Court of Appeals reversed and remanded the case for trial.
He will get his day in court. I wonder if the NYT will be forced to reveal its source(s) for the stories?
Lawsuit Against the Vatican
One lawyer has taken a priest sex abuse case to the top – he has sued the Vatican.
A well-known Louisville lawyer filed suit against the Vatican, saying that it knew of the abusive activities of a priest. The Vatican is trying to get the case dismissed.
Davidson County Building Codes
Here is a link to the building codes that are supposed to be followed in Davidson County.
MSDS
Do you have a potential case where you need to know something about a chemical substance? Look first to MSDS – Material Safety Data Sheets. These documents may be found here.
MSDS have lots of information, including …
Section 1 – Product and Company Identification
Section 2 – Compositon/Information on Ingredients
Section 3 – Hazards Identification Including Emergency Overview
Section 4 – First Aid Measures
Section 5 – Fire Fighting Measures
Section 6 – Accidental Release Measures
Section 7 – Handling and Storage
Section 8 – Exposure Controls & Personal Protection
Section 9 – Physical & Chemical Properties
Section 10 – Stability & Reactivity Data
Section 11 – Toxicological Information
Section 12 – Ecological Information
Section 13 – Disposal Considerations
Section 14 – MSDS Transport Information
Section 15 – Regulatory Information
Section 16 – Other Information
Frivilious Medical Malpractice Case
Click here to read about yet another example of a greedy trial lawyer filing a frivilous lawsuit for a greedy plaintiff.
Rule 407 – Subsequent Remedial Measures
Subject to several exceptions, Rule 407 prohibits the introduction into evidence of subsequent remedial measures. The Third Circuit Court of Appeals has just joined several other circuits in holding that the exclusionary rule does not apply when the remedial measures are made by a third party.
Judge Smith wrote that “The rule recognizes that manufacturers will be discouraged from improving the safety of their products if such changes can be introduced as evidence that their previous designs were defective.” He went on to say that “this policy is not implicated where the evidence concerns remedial measures taken by an individual or entity that is not a party to the lawsuit.” Judge Smith explained that every federal circuit to address the issue — the 1st, 4th, 5th, 7th, 9th and 10th — has likewise concluded that Rule 407 does not apply to subsequent remedial measures taken by a nonparty.
OSIs
They are called OSIs – other similar incidents. Plaintiffs try to get them admitted into evidence in products liability cases to show evidence of defect and knowledge of defect. The incidents must be “substantially similar” and there is (almost) always a fight over what falls within that catergory.
Here is a recent opinion from the Eighth Circuit that upheld the admissibility of OSIs in a products case involving use of a rachet system on a motor vehicle carrier.
Auto Death Rates Down
Good news. Overall, the Department of Transportation said alcohol-related fatalities fell 2.4 percent, from 17,105 in 2003 to 16,694 in 2004. 42,636 people died on the nation’s highways in 2004, down 248 – or 0.6 percent – from the previous year. Read a more complete summary of the data here.
There was some bad news. Motorcycle death rates increased for the seventh straight year. Rollover deaths also increased.
I would like to think that the tort system has contributed to a decline in the death rate. Highways and vehicles are safer in part because litigation has forced the issue with government agencies and manufacturers and brought problems to light. To be sure, consumer groups have also played a role in advocating for better roads and vehicles, but the tort system provides the economic incentive for people to do the right thing.