Justia Injury Law Opinion Summaries

KeraLink International, Inc. operates a network of eyebanks and purchased surgical packs containing eyewash from Stradis Healthcare, LLC. The eyewash, supplied by Geri-Care Pharmaceuticals Corporation, was contaminated, rendering corneal tissue unusable. KeraLink sued Stradis and Geri-Care for strict products liability, and both were held jointly and severally liable for $606,415.49 plus prejudgment interest. Stradis sought indemnification from Geri-Care, claiming Geri-Care's primary culpability as the apparent manufacturer of the eyewash.The United States District Court for the District of Maryland awarded summary judgment to KeraLink on its strict products liability claim against both Stradis and Geri-Care. The court rejected the sealed container defense asserted by both defendants. Stradis then sought implied indemnification from Geri-Care, arguing that its liability was secondary. The district court agreed, granting Stradis summary judgment for indemnification but denied Stradis' request for attorneys' fees incurred in defending against KeraLink's suit.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court did not err in awarding Stradis implied indemnification against Geri-Care. The court found that Geri-Care's conduct as the apparent manufacturer of the contaminated eyewash was primarily culpable, while Stradis' conduct was secondary. The court also upheld the district court's denial of Stradis' request for attorneys' fees, citing the American Rule, which generally precludes the recovery of attorneys' fees as compensatory damages unless authorized by statute, rule, or contract. The Fourth Circuit affirmed the district court's judgment in all respects. View "Geri-Care Pharmaceuticals Corp. v. Stradis Healthcare, LLC" on Justia Law

In this case, the families of Michael Jackson, Carl Wiley, Jr., and Rashad Henderson, who were killed during high-speed police chases in Houston, Texas, sued the City of Houston. They alleged that the Houston Police Department (HPD) has a policy of racial profiling that leads to more high-speed chases in predominantly black neighborhoods, resulting in the deaths of their loved ones. The plaintiffs brought several federal municipal liability claims, including violations of equal protection, Title VI, 42 U.S.C. § 1982, and substantive due process, as well as state tort claims.The United States District Court for the Southern District of Texas granted in part and denied in part Houston's motions to dismiss for lack of subject matter jurisdiction and for judgment on the pleadings. The court dismissed all claims except the equal protection claims and Jackson’s state law claims. Houston then filed an interlocutory appeal, raising issues regarding standing, failure to state federal claims, capacity to sue, and governmental immunity for Jackson’s state law claims.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court determined that it lacked jurisdiction to review non-final district court orders except under 28 U.S.C. § 1292(b). The court found that it could only review whether the plaintiffs had standing to assert their equal protection claims. The court held that the plaintiffs lacked standing because their injuries did not stem from unequal treatment based on race. Consequently, the court reversed the district court’s order regarding standing for the equal protection claims and vacated the district court’s decision on governmental immunity for Jackson’s negligence claim, remanding the case for further proceedings. View "Jackson v. City of Houston" on Justia Law

A Wisconsin prisoner, Armin Wand III, developed appendicitis in February 2018. He was seen by Nurse Beckey Kramer on February 13, 2018, but she did not diagnose appendicitis at that time. The next day, February 14, she recognized the symptoms and sent him to the hospital for emergency surgery. Wand sued Kramer and other officials, claiming inadequate medical care under the Eighth Amendment and state law negligence for not recognizing his need for emergency care on February 13.The United States District Court for the Western District of Wisconsin denied summary judgment for Kramer and another defendant, allowing the case to proceed to trial. The court recruited an experienced lawyer for Wand, but only for settlement purposes. After settlement efforts failed, the lawyer withdrew, and Wand's subsequent motion for recruitment of another lawyer was denied. The court noted Wand's legal blindness and severe stutter but believed he could represent himself with the court's assistance.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that Wand's trial testimony contradicted his earlier claims, stating he did not report lower right quadrant pain to Kramer on February 13, which was crucial for diagnosing appendicitis. The court concluded that Wand's case was substantively weak and that he had not shown prejudice from the lack of recruited counsel. The court affirmed the district court's judgment in favor of Kramer, holding that Wand did not demonstrate a reasonable likelihood that the presence of counsel would have changed the trial's outcome. View "Wand v. Kramer" on Justia Law

Fourteen-year-old Christopher "CJ" Lucero was hit by a car and severely injured while jaywalking across a city-owned street to enter his high school campus. The accident occurred near Betty H. Fairfax High School (BFHS) in Phoenix, which is part of the Phoenix Union High School District No. 210. On the day of the accident, there were no crosswalks, school zone speed limit or warning signs, or traffic lights near the school. CJ attempted to cross the street from a vacant dirt lot opposite the school, which was commonly used by parents to drop off students, although the school did not endorse this practice.CJ, through his father, sued the District for negligence, gross negligence, and premises liability. The Superior Court of Maricopa County denied the District's motion for summary judgment, reasoning that the District was aware of the jaywalking and the associated risks but did nothing to mitigate them. The court of appeals also denied the District's petition for special action relief.The Supreme Court of Arizona reviewed the case and held that the school did not owe CJ a duty of care as he crossed the street. The court reasoned that the risk of harm did not arise within the school-student relationship because CJ was not under the school's custody and control at the time of the accident. The court emphasized that the school did not own or control the street or the dirt lot and had no authority to install safety features. The court concluded that the general rule is that a school has no duty to protect students from hazards encountered while traveling to or from school. Consequently, the court vacated the court of appeals' decision and reversed the trial court's order, instructing the trial court to enter summary judgment in favor of the District. View "Phoenix Union High School District No. 210. v. Sinclair" on Justia Law

In December 2020, Robert and Kristina Shoults filed for Chapter 7 bankruptcy in the United States Bankruptcy Court for the Eastern District of Missouri. In June 2021, they amended their schedule to claim a pre-petition, contingent, unliquidated personal injury tort claim as exempt under Missouri common law and Missouri Revised Statutes § 513.427. The Chapter 7 Trustee, Tracy A. Brown, objected to this exemption.The bankruptcy court disallowed the exemption, and the United States District Court for the Eastern District of Missouri affirmed this decision. The Debtors then appealed to the United States Court of Appeals for the Eighth Circuit. The district court and the bankruptcy court both concluded that the Eighth Circuit's decisions in In re Benn and In re Abdul-Rahim were controlling precedents, which held that Missouri debtors could only exempt property explicitly identified by Missouri statutes as exempt.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the lower courts' decisions. The court held that the Supreme Court's decision in Rodriguez v. FDIC did not overrule or abrogate the Eighth Circuit's precedents in Benn and Abdul-Rahim. The court emphasized that Benn and Abdul-Rahim required a state statutory basis for bankruptcy exemptions and that Missouri Revised Statute § 513.427 did not create new exemptions but merely opted out of the federal exemption scheme. Consequently, the court concluded that the Debtors' unliquidated personal injury tort claim was not exempt under Missouri law and affirmed the district court's order denying the exemption. View "Shoults v. Brown" on Justia Law

Ka’Toria Gray filed a lawsuit against her former employer, Koch Foods of Alabama, LLC (Ala-Koch), its parent company Koch Foods, Inc., and former Ala-Koch employees Melissa McDickinson and David Birchfield, alleging harassment. The jury found in favor of Koch Foods and Ala-Koch on all claims, in favor of Birchfield and McDickinson on Gray’s claims of invasion of privacy and outrage, and in favor of Gray on her claims for assault and battery, awarding her $50,000 in total damages.The United States District Court for the Middle District of Alabama denied all parties' motions for judgment as a matter of law (JMOL) and entered a final judgment consistent with the jury verdict. The court also awarded costs to Gray against Birchfield and McDickinson and to Koch Foods and Ala-Koch against Gray.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court’s denial of Birchfield and McDickinson’s renewed motion for JMOL on the assault and battery claims, finding sufficient evidence to support the jury’s verdict. The court also upheld the punitive damages awarded to Gray, concluding that the evidence met the clear and convincing standard required under Alabama law.The court rejected Gray’s argument for a new trial on her Title VII sexual harassment claim, noting that she waived her right to contest the verdicts as inconsistent by not objecting before the jury was discharged. The court also affirmed the district court’s grant of summary judgment on Gray’s constructive discharge claim, as the jury’s verdict on the hostile work environment claim precluded her constructive discharge claim.Finally, the court affirmed the district court’s prevailing party determinations, awarding costs to Gray against Birchfield and McDickinson and to Koch Foods and Ala-Koch against Gray. The court found no abuse of discretion in these awards. View "Gray v. Birchfield" on Justia Law

Michael Mogan, an attorney, sued Airbnb in California state court on behalf of a client in 2018. After the case went to arbitration, Mogan filed a separate lawsuit against Airbnb for abuse of process and unfair business practices, which was dismissed, and he was sanctioned for filing a frivolous lawsuit. When Mogan refused to pay the sanctions, the California State Bar filed disciplinary charges against him. Law360, a legal news website, published three articles detailing these legal battles between 2022 and 2023.Mogan then sued Portfolio Media, the owner of Law360, for defamation and false light in the United States District Court for the Northern District of Illinois. Portfolio Media filed a motion to dismiss, arguing that Law360’s coverage was protected by the fair report privilege. Mogan moved to amend his complaint to include additional statements from the first article, but the district court dismissed the complaint for failure to state a claim and denied leave to amend, deeming it futile.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court affirmed the district court’s decision, holding that the fair report privilege protected Law360’s articles. The court found that Mogan failed to demonstrate how the articles were not a fair abridgment of official proceedings. The court concluded that the statements in the articles accurately recounted judicial proceedings and thus could not support a defamation or false light claim. Consequently, Mogan’s complaint and proposed amendments were deemed futile, and the dismissal was affirmed. View "Mogan v. Portfolio Media Inc." on Justia Law

In 2015, product liability cases involving the blood-pressure medication Olmesartan were consolidated into a multidistrict litigation (MDL) in the United States District Court for the District of New Jersey. Adam Slater and his law firm, Mazie Slater Katz & Freeman, LLC, represented over 200 plaintiffs, and the case settled for over $300 million. Subsequently, Anthony Martino, a plaintiff in the MDL, filed a class action in New Jersey state court against his former lawyers, alleging they received contingent fees in violation of New Jersey court rules. The case was removed to federal court and dismissed, with the dismissal affirmed on appeal.Following this, twenty-one individuals represented by the same defendants in the MDL filed a similar action in New Jersey state court, alleging breach of contract, legal malpractice, conversion, and unjust enrichment. Defendants removed the case to the District Court, citing diversity and federal-question jurisdiction. The District Court denied the plaintiffs' motion to remand, asserting ancillary enforcement jurisdiction, and granted defendants' motion for judgment on the pleadings, applying issue preclusion. The court also dismissed the parties' motions for sanctions as moot.The United States Court of Appeals for the Third Circuit reviewed the case. The court held that ancillary enforcement jurisdiction does not confer original jurisdiction sufficient for removal under 28 U.S.C. § 1441(a). The court also found that the plaintiffs' state-law claims did not necessarily raise a federal issue to establish federal-question jurisdiction. The court vacated the District Court's judgment and remanded the case to determine if the amount in controversy exceeded $75,000 for diversity jurisdiction. Additionally, the court vacated the order dismissing the motions for sanctions as moot, instructing the District Court to consider the merits of each motion. View "Johnson v. Mazie" on Justia Law

In April 2017, Mark Mehner was injured when a chair he was sitting on at a Panera café in Omaha collapsed. Mehner sued Panera and the chair manufacturer, Furniture Design Studios (FDS), for negligence, spoliation, and strict liability. He claimed permanent injuries, including spinal fractures. Panera's general manager filled out an incident report but discarded the broken chair and the handwritten report. Mehner alleged that he had requested the preservation of the chair and surveillance video, which Panera denied.The United States District Court for the District of Nebraska granted summary judgment to both FDS and Panera. The court found that Mehner failed to provide evidence of a specific defect in the chair or causation, particularly since the chair had been out of FDS's possession for nearly eight years. The court also denied Mehner's motion for spoliation sanctions, finding no intentional destruction of evidence by Panera. Additionally, the court rejected Mehner's motion for relief from judgment.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the district court's summary judgment in favor of FDS, agreeing that Mehner did not present sufficient evidence of a defect or causation. The court also upheld the summary judgment for Panera, determining that Mehner failed to establish that Panera created or had notice of the chair's condition. The court rejected Mehner's res ipsa loquitur argument, noting that he did not show the chair was under Panera's exclusive control or that the incident would not have occurred without negligence.The Eighth Circuit also affirmed the district court's discovery rulings, including the denial of Mehner's motion to defer, the denial of his motion to extend progression, and the issuance of a protective order to Panera. The court found no abuse of discretion in these rulings. Finally, the court upheld the denial of spoliation sanctions and the denial of Mehner's motion to revise, alter, or amend the judgment. View "Mehner v. Furniture Design Studios, Inc." on Justia Law

In 2010, the British Petroleum Deepwater Horizon oil spill released crude oil into the Gulf of Mexico. Matthew Williams, the plaintiff, performed oil spill clean-up work in the Gulf that summer. On September 24, 2020, Williams was diagnosed with chronic pansinusitis, an inflammatory condition of the nasal passages. Williams filed a lawsuit against BP Exploration & Production Inc. and BP America Production Co., alleging that his condition was caused by exposure to oil, dispersants, and other chemicals during the cleanup work. Williams presented two expert witnesses, Dr. Michael Freeman and Dr. James Clark, to establish causation.The United States District Court for the Southern District of Mississippi reviewed the case. BP filed motions to exclude the expert reports under Federal Rule of Evidence 702 and Daubert, and subsequently filed a motion for summary judgment, arguing that Williams lacked admissible expert testimony to establish causation. The district court granted BP’s motions to exclude the expert testimonies and the motion for summary judgment, leading Williams to appeal the decision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court upheld the district court’s exclusion of Dr. Freeman’s testimony, finding it unreliable as it did not properly apply the differential etiology approach. Similarly, the court found Dr. Clark’s testimony unreliable due to errors in his report, including references to another case and incorrect assumptions about benzene concentrations. Without admissible expert testimony, Williams could not establish specific causation, a necessary element in toxic tort cases. Consequently, the Fifth Circuit affirmed the district court’s grant of summary judgment in favor of BP. View "Williams v. BP Expl & Prod" on Justia Law