D.C. Appeals Court Revives Fish-Bone Injury Suit Against Trader Joe's
A woman who needed surgery after a bone from Trader Joe's breaded cod fillets lodged in her esophagus may pursue her failure-to-warn claim, the court held.
Practice area · Product Liability
Illinois Appeals Court Revives Roofer's Suit Over Fall Through Fisher Nuts Plant Skylight
The Second District held that an Elgin nut factory's owner had to warn contract workers that an obviously dangerous skylight lacked fall protection underneath.
Divided Third Circuit Upholds Dismissal of Suit Over Power Plant Demolition Death
A 2-1 panel held that a worker's estate did not plausibly plead that FirstEnergy retained control over the contractor whose employee fell from a collapsing catwalk.
First Circuit Revives Aimovig Wrongful-Death Suit Against Amgen Over Label Change
The court held that four scientific articles not shown to have reached the FDA could plausibly have let Amgen add a brain-injury warning to Aimovig after approval.
Fifth Circuit Affirms Dismissal of Stapler-Death Suit Over Missing Presuit Notice
The appeals court held that Texas's presuit notification requirement is an element of warranty claims, not a procedural formality that can be cured after filing.
First Circuit Rejects Boston’s Tolling Bid in PBM Opioid-Nuisance Case
The panel held that Massachusetts fraudulent-concealment tolling did not save Boston’s public-nuisance claim against OptumRx and Express Scripts because public litigation, reports and other materials gave the city the means to investigate alleged PBM wrongdoing before the limitations period expired.
Fourth Circuit Revives Illinois Union’s Bid to Seek Arbitration Stay in AFFF MDL
The court vacated an order that blocked Illinois Union from filing a stay motion in the Bouvet case, holding that MDL case-management rules cannot make an insurer’s FAA remedy contingent on lead counsel’s consent.
Fourth Circuit Revives Illinois Union’s Bid to Seek Arbitration Stay in AFFF MDL
Published ruling says an MDL court’s case-management procedures cannot condition an insurer’s statutory right to pursue a stay pending arbitration on lead counsel’s consent.