NY Daily Record Since 1908

Irreconcilable contradictions in expert testimony prevented a product liability plaintiff from establishing that Merck failed to provide adequate warnings with the osteoporosis drug Fosamax, the U.S. Court of Appeals for the Second Circuit ruled in affirming judgment, Secrest v. Merck, ...

More than 50 product liability suits consolidated in Kentucky federal court claim that Skechers toning shoes cause leg, ankle and foot injuries. The U.S. Judicial Panel for Multidistrict Litigation reported Jan. 14 that there were 54 separate product liability actions ...

An applicant who cheated during her bar examination is unfit to be admitted to the practice of law, the Ohio Supreme Court has ruled. After graduating from law school, the applicant took the July 2011 bar examination and received a ...

A Wisconsin woman noticed that the birth control pills she received from her family health clinic in February 2009 looked a little different. A positive pregnancy test 10 weeks later removed any doubt that she had been given prenatal vitamins ...

Tagged with: Expert Opinion

Pfizer has avoided a bellwether trial scheduled to begin this month in the Chantix multidistrict litigation by settling with an Alabama man who claimed he became suicidal after taking the smoking-cessation drug. It marks the second time in three months ...

Tagged with: settlement

An Arizona hotel thought it was off the hook for the death of a severely intoxicated guest who plunged three stories after climbing out of the window of her room. But as puzzling as it may seem, a state court ...

Tagged with: Expert Opinion

The U.S. Court of Appeals for the Second Circuit revived the civil rights suit of a man who was stopped and arrested after flipping off a police officer he observed manning a speed trap. “This ancient gesture of insult is ...

Tagged with: Second Circuit Traffic Stop

The 1st Circuit has declined to revive a defamation suit brought by a Massachusetts woman who claims her life unraveled after allegedly being caught in bed with Barbara Walters’ daughter at an exclusive Connecticut boarding school back in 1983. “Although ...

Tagged with: Expert Opinion

The U.S. Supreme Court will decide whether a broad arbitration clause can implicitly authorize class arbitration. The court will review a Third Circuit ruling upholding an arbitrator’s decision authorizing class arbitration. The plaintiff is a doctor who provided patient care ...

Tagged with: U.S.Supreme Court

 The U.S. Supreme Court will not review a $20 million product liability judgment against R.J. Reynolds and Liggett Group, declining the tobacco giants’ invitation to decide whether Florida’s procedures for handling smoker claims violate due process. In November, the court ...

Tagged with: U.S.Supreme Court

A downstate school district is liable under Title VI for being deliberately indifferent to the harassment suffered by a biracial student, the U.S. Court of Appeals for the Second Circuit ruled in affirming a $1 million judgment, Zeno v. Pine ...

Tagged with: harassment student u.s. court of appeals for the second circuit

While a stagnant economy means a tough job market for many lawyers, legal staffing experts predict that attorneys with specialized skills will continue to find themselves in high demand in 2013. It’s a “specialist economy” for the legal profession, said ...