A new study released this month concluded that some strains of E. coli bacteria, a deadly pathogen found in a number of food products like ground beef, can survive the cooking process. The study prepared foods to certain temperatures and discovered that some pathogens were still alive past 160 degrees F,…
Businesses are smart and often will do anything to avoid litigation. Many businesses now include an arbitration clause in their contracts—requiring claims to be resolved out of court. However, in a recent case, a state’s supreme court found that even though a contract included an arbitration clause, it would not be…
In June 2016, an appellate court in Pennsylvania ordered a lower court to reverse its order granting $28 million in damages to a plaintiff who sustained injuries associated with a Zimmer-Biomet brand knee implant device. According to the complaint, the plaintiff was injured when she filmed a promotional video for…
The first batch of cases in the Xarelto multi-district litigation are set to go forward in early 2017. Situated in the Eastern District of Louisiana, the multi-district litigation includes numerous cases from plaintiffs alleging that they suffered serious injuries as a result of taking Xarelto, an anti-coagulant drug manufactured by…
In a case that was decided earlier this year, a man was killed after he became intoxicated at a restaurant and got into a car accident. The man was driving 79 miles per hour in a 30-miles-per-hour zone when he crashed his car. After the accident, the man’s family brought…
Court Upholds $3 Million Verdict for Failing to Warn of Birth Defects According to one news source, a court of appeals recently upheld a $3 million verdict against a subsidiary of Johnson & Johnson after a baby was born with severe birth injuries as a result of medication taken during the…
California’s Office of Environmental Health Hazard Assessment has released a new set of revisions to its proposed overhaul of the state’s Prop 65 product labeling law. This effort is the first significant modification to the label, which must be appended to certain products and product shelf spaces, in several decades. The…
Normally, the only people liable for an abused elder’s injuries are those who engaged in the abuse or were responsible for his or her care. However, a recent case found that even those who were not responsible for the patient’s care but failed to report suspected abuse could still be held…
Pennsylvania- and Germany-based company B. Braun Medical has agreed to pay nearly $8 million after being accused of selling saline syringes fraught with contamination. Braun purchased the syringes from Am2Pat, a manufacturing company, even though it had acquired information prior to the purchase indicating that the syringes suffered from manufacturing…
Employers can be held liable for their employees’ actions under the theory of respondeat superior. This theory generally holds that an employer is vicariously liable for the acts of its employees. In addition, employers can also be held liable for negligent hiring, retention, or entrustment involving their employees. Negligent Hiring A…