Monthly Archives: August 2019
Calif. Judge Refuses to Order New Trial in Roundup Litigation
Earlier this year, a federal jury sitting in San Francisco federal court found Monsanto liable in a product liability alleging its popular weed-killer Roundup was a substantial factor in a California resident developing non-Hodgkin’s lymphoma, a form of cancer. The jury awarded the plaintiff $5 million in compensatory damages, plus another $75 in punitive… Read More »
TN Court of Appeals Revives Asbestos-Mesothelioma Lawsuits
It has been well established that exposure to asbestos causes mesothelioma, a deadly form of lung cancer. Many Tennessee workers were exposed to asbestos during a time when it was used extensively in construction and industry. And even decades after the initial exposure, Tennessee courts continue to hear lawsuits against the companies responsible for… Read More »
Teleflex Recalls Endotracheal Tubes Following 4 Reported Deaths
Manufacturers have a legal and ethical duty to recall dangerous and defective medical devices from the market. Ideally, such recalls are accomplished before any patient is seriously injured or killed by the device. Unfortunately, that is not always the case. FDA Notifies Consumers of Class I Recall On June 23, 2019, Teleflex Incorporated announced… Read More »
Lawsuit Alleges Defective Hydraulic Lift Caused Electrical Worker’s Death
Product liability claims cover a wide range of cases involving dangerous and defective products. And it is important to understand Tennessee product liability laws do not just apply to consumer items sold on store shelves. It also applies to potentially lethal products used by individuals as part of their normal everyday jobs. For example,… Read More »
When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?
The question of when a property owner is legally responsible for an accident that occurs on its premises is often difficult to answer. As a basic rule, Tennessee courts have said a premises owner must first have “actual or constructive” notice of a dangerous condition that actually exists on the property. To put this… Read More »
How Does Tennessee Law Protect Uninsured Accident Victims?
If you have been seriously injured in an accident, you may be faced with paying tens of thousands of dollars in medical bills, especially if you lack insurance. And even if you are able to recover some amount of damages in a personal injury claim against the person who caused your accident, that may… Read More »
Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed
Personal injury against government agencies are often complicated by the legal principle of “sovereign immunity.” Essentially, you cannot sue the government unless it consents, typically through legislation waiving the immunity. At the federal level, for example, the Federal Tort Claims Act (FTCA) allows victims of government employee negligence to file a personal injury claim,… Read More »
Is a Store Owner Liable for a Customer Injured Off-Premises?
It is not uncommon for personal injury claims to arise from a foreseeable injury that occurs on a business owner’s property. But what about a scenario where the injury occurs off-property but is in some way tied to the property owner’s failure to act? Does the injured victim still have a viable claim against… Read More »
Lawsuits Mounting Against E-Cigarettes and Juul
E-cigarettes have gained popularity in recent years with people looking for a “safe” alternative to traditional tobacco cigarettes. According to a recent report in Forbes, the U.S. e-cigarette market is currently worth an estimated $38 billion. But there are mounting concerns about the actual safety of these devices, and in particular their impact on… Read More »
3M Continues to Face Lawsuits Over Defective Military Earplugs
It is bad enough when consumers are injured by a defective consumer product. But it is exponentially worse when members of our armed forces–the very people we entrust to protect our life and liberty–suffer serious, long-term health problems as the result of a negligently designed or manufactured product. One such example of this is… Read More »