For almost thirty years, Timothy Myers worked for the Illinois Central Railroad Company. The work was physically demanding and over the course of his career Myers suffered several injuries, including cumulative trauma disorders that eventually forced him to retire. He sued the Railroad claiming that these disorders were caused by its negligence. Before trial, Myers offered reports from three medic... More...   $0 (12-15-2010 - IL)

Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim Breneman. Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied... More...   $0 (12-09-2010 - IA)

In this diversity action, Valley View Angus Ranch, Inc. and its President, Otis Culpepper (plaintiffs), sued Duke Energy Field Services, LP (now known as DCP Midstream, LP), to recover damages for injury caused when Duke’s oil-and-gas pipeline underlying Valley View’s property leaked condensate. Plaintiffs’ amended complaint raised claims for private and public nuisance, trespass, unjust enr... More...   $0 (12-06-2010 - OK)

In this medical malpractice case, we revisit the recurring issue whether Dr. Ronald Gabriel’s expert testimony concerning causation satisfies the requirements of MRE 702 and MCL 600.2955(1). The circuit court granted summary disposition to defendant Sinai Hospital of Greater Detroit (Sinai Hospital), finding that plaintiff Ebonie Bennett had failed to produce scientific support for Gabriel’s o... More...   $0 (12-02-2010 - MI)

Nickolos Cyrus suffered from bipolar disorder and schizophrenia and was known to local police based on past psychotic—but noncriminal—episodes. Early one morning, after being reported missing by his family and while in a delusional state, he wandered into a partially built new home in Mukwonago, Wisconsin, wearing nothing but a bathrobe.

The property owner was present and called the p... More...   $0 (11-10-2010 - WI)

Plaintiffs-Appellees (“Growers”) filed this action alleging that Defendants- Appellants O.K. Industries, Inc., O.K. Farms, Inc., O.K. Foods, Inc., and O.K. Broiler Farms Limited Partnership (collectively “OK”) violated § 202(a) of the Packers and Stockyards Act (PSA), 7 U.S.C. § 192(a). After a jury trial, the Growers prevailed on their claim and were awarded $21,141,975, which the distr... More...   $0 (10-13-2010 - OK)

At issue in this case is the often-elusive line between admissible opinion and inadmissible speculation under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Several manufacturers of welding supplies appeal a $20.5 million jury verdict based on a doctor’s testimony that their products triggered “manganese-induced parkinsonism” ... More...   $0 (09-08-2010 - OH)

This is a negligence and products liability action involving the use of a pain pump manufactured by Breg, Inc. for use during and after surgery. The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg’s pumps, proffered a single expert witness on the issue of causation – Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to r... More...   $0 (08-24-2010 - FL)

In this appeal the Appellant, Swift Transportation, raises ten issues based on various rulings by the district court leading up to and during the course of a jury trial in which Swift was found liable on claims brought by the Appellees, Terry and Donna Frederick. Swift argues these rulings, individually and considered together, resulted in an unfair trial; and we should grant a new trial as to bot... More...   $0 (08-10-2010 - KS)

Plaintiffs Barbara and Robert Rose appeal an order entered in this products liability action by the district court granting Defendant TRW Automotive, U.S., LLC’s motion for summary judgment based on the inadmissibility of Plaintiffs’ expert’s testimony. In granting summary judgment, the district court concluded that Plaintiffs’ expert was not a qualified expert under Federal Rule of Eviden... More...   $0 (08-06-2010 - OH)

In this action filed pursuant to Puerto Rico's medical malpractice law, Articles 1802 and 1903 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, §§ 5141-42, and the federal Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, the district court excluded the testimony of the plaintiffs' lone expert witness at trial. As a result of the court's ruling, the plaintif... More...   $0 (08-01-2010 - PR)

Dr. Raoul Joubran and Gastroenterology Associates, P.C., (collectively, “Joubran”) appeal a jury verdict in favor plaintiffs Edward and Cynthia Poche. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In February 2005, Army Sergeant Edward Poche underwent surgery to remove his gallbladder. In July of the same year, Poche sought treatment from Joubran for abdominal pai... More...   $0 (07-26-2010 - WY)

The commencement of a foreclosure action by Mooring Capital Fund, LLC (Capital) against borrower Phoenix Central Inc. (Phoenix) prompted Phoenix to bring tort and contract counterclaims against Capital. In addition, Phoenix’s president and sole shareholder, Judy Knight, pursued similar claims in her individual capacity against both Capital and its servicing agent, Mooring Financial Corporation (... More...   $0 (07-22-2010 - OK)

The Oklahoma Health Care Authority (OHCA) asserted a $544,282.26 Medicaid lien on a $1.1 million settlement of Plaintiffs’ malpractice suit against Dr. Dale Wolford. The district court, however, allotted OHCA only $67,666.67 in full satisfaction of the lien. OHCA appeals, contending (1) that the district court lost jurisdiction of the malpractice litigation when OHCA’s intervention as a defend... More...   $0 (06-17-2010 - OK)

She sells sea shells by the sea shore. That’s swell, but how about Shell espresso, Tide motor oil, Apple bicycles and Playboy computers? We consider the application of anti-dilution law to trademarks that are also common English words.

Facts

Joseph Orr runs eVisa, a “multilingual education and information business that exists and operates exclusively on the Internet,” at www.ev... More...   $0 (05-28-2010 - CA)

Bobbie Thomas appeals from a judgment entered on a defense verdict in her wrongful death suit against Dr. Wayne Hardwick, his practice group, and Washoe Medical Center. Her suit alleges that medical malpractice led to her husband’s preventable heart attack and death two weeks after Dr. Hardwick saw him for chest pain complaints in WMC’s emergency room. On appeal, Thomas asserts that errors b... More...   $0 (05-27-2010 - NV)

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On... More...   $700000 (05-27-2010 - IN)

[¶1.] Falyn Reinfeld (Reinfeld) brought this lawsuit against H.L. Hutcheson (Hutcheson) for negligence in connection with an automobile accident. The trial court granted Reinfeld’s motion for a new trial on the basis that the jury’s award of damages for past and future medical expenses, but not pain and suffering, was inadequate and insufficient under the evidence presented at trial. Hutcheso... More...   $0 (05-26-2010 - SD)

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled—and Heidi ingested—a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in he... More...   $0 (04-28-2010 - IL)

Alza Corp. ("Alza") appeals a judgment on a jury verdict rendered against it in a wrongful death case involving allegations of negligence, strict products liability manufacturing defects, (2) and gross negligence regarding its manufacture of the Duragesic patch. The manufacturing defect asserted is a flaw in the seal of the Duragesic patch which allowed decedent, Michaelynn Thompson, to receive a... More...   $0 (04-01-2010 - TX)

Defendant-appellant CSX Transportation, Inc. ("CSXT") is appealing from the district court's denial of its motion for judgment as a matter of law or a new trial, after a jury awarded $250,000 to plaintiff-appellee Robert Granfield ("Granfield"), based on a finding that CSXT violated both the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51 et seq., and the Locomotive Inspection Act ("LIA... More...   $0 (03-12-2010 - MA)

We address admissibility under Daubert1 of medical testimony.

I. Facts

Marylou Primiano has suffered a miserable ordeal since she had elbow surgery. The question raised by her litigation2 is whether her ordeal resulted from a defective product, the artificial elbow Howmedica Osteonics Corporation manufactured.

The district court granted summary judgment against her and dismiss... More...   $0 (03-12-2010 - NV)

¶1 Appellant, Kendrick Antonio Simpson, was tried by a jury and convicted of First Degree Murder with Malice Aforethought (Counts I and II), Discharging a Firearm with Intent to Kill (Count III) and Possession of a Firearm After Former Conviction of a Felony (Count IV) in the District Court of Oklahoma County, Case No. CF 2006-496. The State filed a Bill of Particulars alleging four aggravating... More...   $0 (03-05-2010 - OK)

¶1 Appellant, Kendrick Antonio Simpson, was tried by a jury and convicted of First Degree Murder with Malice Aforethought (Counts I and II), Discharging a Firearm with Intent to Kill (Count III) and Possession of a Firearm After Former Conviction of a Felony (Count IV) in the District Court of Oklahoma County, Case No. CF 2006-496. The State filed a Bill of Particulars alleging four aggravating... More...   $0 (03-05-2010 - OK)

This is a failure-to-warn case involving the prescription drug Baycol, a cholesterol-reducing medication. The case comes to us after the district court1 granted Bayer's motion for summary judgment on Flesner's claims for strict liability, negligence, express and implied warranty, and unjust enrichment. On appeal, our decision focuses on whether the district court abused its discretion in finding t... More...   $0 (03-03-2010 - MN)