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Monthly Archives: August 2019

WeedKiller2

Calif. Judge Refuses to Order New Trial in Roundup Litigation

By Fox Willis Burnette, PLLC |

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 »

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Legal1

TN Court of Appeals Revives Asbestos-Mesothelioma Lawsuits

By Fox Willis Burnette, PLLC |

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 »

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ProdRecall

Teleflex Recalls Endotracheal Tubes Following 4 Reported Deaths

By Fox Willis Burnette, PLLC |

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 »

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HydLift

Lawsuit Alleges Defective Hydraulic Lift Caused Electrical Worker’s Death

By Fox Willis Burnette, PLLC |

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 »

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Liab5

When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?

By Fox Willis Burnette, PLLC |

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 »

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PI_2

How Does Tennessee Law Protect Uninsured Accident Victims?

By Fox Willis Burnette, PLLC |

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 »

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Injured2

Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed

By Fox Willis Burnette, PLLC |

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 »

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Liab4

Is a Store Owner Liable for a Customer Injured Off-Premises?

By Fox Willis Burnette, PLLC |

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 »

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Vaping

Lawsuits Mounting Against E-Cigarettes and Juul

By Fox Willis Burnette, PLLC |

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 »

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ProdLiab3

3M Continues to Face Lawsuits Over Defective Military Earplugs

By Fox Willis Burnette, PLLC |

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 »

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