Author Archives: Jay Butchko
Calif. Jury Orders Bayer, Monsanto to Pay $2.055 Billion to Couple Who Developed Cancer After Using Pesticide
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 »
Supreme Court Gives Merck Procedural Victory in Fosamax Litigation
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 »
Nashville Judge Returns Opioid Lawsuit to State Court
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 »
When Is “Lay Person” Testimony Admissible in a Personal Injury Case?
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 »
What Happens When There Is a Disagreement Over the Facts Surrounding an Accident?
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 »
How Legal “Privilege” Can Prevent Disclosure of Evidence in a Personal Injury Case
In personal injury litigation, third parties may possess valuable information that can help prove (or disprove) a plaintiff’s allegations. Under normal circumstances, either party to the case may ask the court to issue a subpoena for such information, assuming it is not protected by some specified legal privilege. For example, the defendant in a… Read More »
Pa. Judge Refuses to Dismiss Defective Knee Replacement Lawsuit Against Arthrex
A knee replacement is major, life-altering surgery. So if something goes wrong due to a defect in the replacement device, it can have a substantial, negative impact on the quality of life for both the patient and their family. And the manufacturer responsible for producing such defective medical devices can be held responsible via… Read More »
Federal Court Returns Essure Lawsuit to State Court
Every state, including Tennessee has its own laws governing product liability. Yet when it comes to lawsuits involving dangerous or defective drugs, such as Bayer’s permanent sterilization device Essure, manufacturers often try to have the cases heard in federal court, as they believe that provides a more favorable forum. “Preemption” Defense Does Not Justify… Read More »
TN Health Club Not Liable for Member’s Sexual Assault
At one time or another, all of us have been asked to sign some sort of “release” or “waiver” holding a property owner harmless for any injury we might suffer while on the premises. Most people sign such waivers without giving it a second thought. Unfortunately, when something does happen to them, that same… Read More »
Oklahoma AG Announces $270 Million Opioid Settlement with Purdue Pharma
The U.S. legal system continues to deal with the fallout of the opioid crisis. It seems like every day there is another lawsuit filed, either by an individual victim or a government agency seeking to recuperate the costs of treating thousands of victims. And while opioid producers and distributors continue to maintain they have… Read More »