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Monthly Archives: June 2019

injured

Tennessee AG May Ask Supreme Court to Reinstate Cap on Punitive Damages

By Fox Willis Burnette, PLLC |

Last December, a federal appeals court delivered an important ruling for personal injury victims and their families when it declared unconstitutional a Tennessee law limiting jury awards of punitive damages. According to the Knoxville News-Sentinel, Tennessee Attorney General Herbert L. Slatery III is in the process of deciding whether to ask the U.S. Supreme… Read More »

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HipRepl

Report: Johnson & Johnson Will Pay $1 Billion to Settle Pinnacle Hip Replacement Claims

By Fox Willis Burnette, PLLC |

In 2010, Johnson & Johnson’s DePuy subsidiary was forced to recall its metal-on-metal Pinnacle hip replacement implants as evidence mounted the devices were defective. Once touted by Johnson & Johnson as the “Rolls Royce” of hip implants, in reality the Pinnacle implants yielded thousands of patient complaints of swelling, loosening, misalignment, bone fractures, and… Read More »

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Accident2

Can You Seek Damages for Your Own “Loss of Household Services” in a Personal Injury Case?

By Fox Willis Burnette, PLLC |

There are many different types of damages a plaintiff may seek in a personal injury lawsuit. Some of the more common categories include economic losses like medical bills and non-economic damages such as “pain and suffering” and “loss of enjoyment of life.” But what about “loss of household services.” By this, we mean the… Read More »

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WeedKiller

Calif. Jury Orders Bayer, Monsanto to Pay $2.055 Billion to Couple Who Developed Cancer After Using Pesticide

By Fox Willis Burnette, PLLC |

When it comes to product liability cases, manufacturers will often cite federal regulatory decisions that purportedly prove a given product is “safe” for consumers. Yet when a jury is presented with all of the facts surrounding that same product, it often reaches a different conclusion. And in some cases, that means a substantial damage… Read More »

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Supreme Court Gives Merck Procedural Victory in Fosamax Litigation

By Fox Willis Burnette, PLLC |

A common tactic employed by manufacturers in dangerous drug cases is to argue that federal law “preempts” state law claims raised by injured patients. For example, defective drug lawsuits often allege the manufacturer violated state law by failing to properly disclose certain risks on their product labels. The manufacturer will then argue that it… Read More »

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Opioids

Nashville Judge Returns Opioid Lawsuit to State Court

By Fox Willis Burnette, PLLC |

The opioid epidemic is clearly a national problem. But does that automatically mean all opioid lawsuits must be heard in federal court? After all, many of these lawsuits raise questions of purely state law. And state courts often provide a better forum for plaintiffs to present their claims to a local jury. Still, federal… Read More »

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Motorcycle5

When Is “Lay Person” Testimony Admissible in a Personal Injury Case?

By Fox Willis Burnette, PLLC |

In many personal injury cases, expert testimony is necessary to establish certain facts for the judge or jury. For example, if a plaintiff alleges a car accident was the result of a defect in the design of the vehicle, an expert witness would probably be needed to explain the principles of automotive manufacturing. A… Read More »

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PIClaim

What Happens When There Is a Disagreement Over the Facts Surrounding an Accident?

By Fox Willis Burnette, PLLC |

Not every personal injury case makes it to trial. In some cases, a judge may decide to issue a summary judgment in favor of one party. Summary judgment is basically designed to more quickly dispose of cases where the “material facts” are not in dispute. Court of Appeals Revives Personal Injury Claim of Man… Read More »

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