Oklahoma Personal Injury News
Product Liability News from Law360.com
‑9th Circ. Revives Expert Testimony Against Howmedica
A federal appeals court found Wednesday that a lower court had erred in excluding expert medical testimony from a suit against Howmedica Osteonics Corp. over an allegedly defective artificial elbow, reversing a grant of summary judgment to the medical device maker. [Link]
‑Travelers Wants Developer's $25M Coverage Suit Nixed
Travelers Casualty and Surety Co. has asked a federal court to toss Del Webb Corp.'s lawsuit seeking millions of dollars in insurance coverage for fixing faulty construction, saying the case duplicates an action already pending in California state court. [Link]
‑Jury Awards $2.25M To Survivors Of Bus Crash
A New York state jury has awarded $2.25 million for pain and suffering to three survivors of a 2005 collision involving a bus carrying members of a Canadian women's hockey team, in the first of what could be several damages trials stemming from the crash. [Link]
‑Calif. Appeals Court Backs MDA Preemption Clause
A California appeals court has affirmed a finding that state law claims against Guidant Corp. and others responsible for the allegedly defective Ancure Endograft System are preempted by the Medical Device Amendments of 1976, furthering the Riegel decision's reach. [Link]
‑Prior Ruling Doesn't Apply In Light Cigarette MDL: Judge
In a major blow to plaintiffs accusing Philip Morris USA Inc. of fraudulently marketing its light cigarettes, a federal judge has refused to let them apply the findings of a landmark 2006 decision to the current case. [Link]
‑Ky. Oil Told To Quickly Clean PCB-Laden Trailer
A federal judge has issued an injunction ordering Kentucky Oil & Refining Co. to empty 5,560 gallons of polychlorinated biphenyl-laden waste stored in a trailer owned by W.E.L. Inc., a contractor that discovered the dangerous substance during a cleanup job. [Link]