Articles Posted in US Court of Appeals for the Eighth Circuit

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Plaintiff filed a personal injury action against Merck after she suffered cardiovascular injuries allegedly from taking a medication called Vioxx. The Eighth Circuit reversed the district court's dismissal of plaintiff's claims. The district court held that plaintiff's claims accrued prior to September 2001 and thus her September 29, 2006 suit was time-barred. In Missouri, the statute of limitations for personal injury claims is five years after the cause of action accrues. The court held that there was a genuine issue of fact as to whether the evidence was such that a reasonably prudent person was on notice of a potentially actionable injury before September 29, 2001. The court predicted that the state supreme court would conclude that mere knowledge in the medical community of a possible link between Vioxx and heart problems did not, as a matter of law, place a reasonably prudent person in plaintiff's position on notice of a potentially actionable injury. View "Levitt v. Merck & Co." on Justia Law

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Plaintiff filed suit against pharmaceutical companies, alleging that they were liable for substantial gambling and other financial losses that resulted from obsessive compulsive behavior, a side effect of taking a dopamine agonist called Mirapex for his Parkinson's disease. The Eighth Circuit affirmed the district court's grant of summary judgment dismissing all claims as barred by the applicable California statute of limitations. The court rejected plaintiff's contention that the statute should be tolled because he was insane when the cause of action accrued; rejected plaintiff's contention that each ingestion of the drug gave rise to a separate and distinct claim under the continuing violations doctrine; and held that the district court did not abuse its discretion in denying a motion to stay defendants' motion for summary judgment. View "Mancini v. Boehringer Ingelheim Pharmaceuticals" on Justia Law

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Plaintiff, by his parent and legal guardian, filed suit against the United States for negligence and negligent supervision, alleging that the Government knew or should have known of the sexual abuse history of a priest that was hired at the Tripler Army Medical Center, and that the Government was negligent in failing to warn families of the priest's sexual propensities. The Eighth Circuit affirmed the district court's dismissal of the action based on lack of subject matter jurisdiction because the United States was entitled to sovereign immunity. The court held that the decision whether to warn of the priest's sexual propensities or to take other action to restrict his contact with children was susceptible to policy analysis. The court explained that balancing safety, reputational interests, and confidentiality was the kind of determination the discretionary function exception was designed to shield and thus the Government's conduct was within the discretionary function exception. View "Croyle v. United States" on Justia Law

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The Eighth Circuit affirmed the district court's judgment for Petco in a negligence and premises liability action filed by plaintiff against the company. The court held that the district court did not abuse its discretion by excluding plaintiff's expert evidence notwithstanding that Petco did not attempt to meet and confer with him before seeking sanctions. The court also held that the district court did not abuse its discretion in excluding the statements of plaintiff's treating physician to show causation. In this case, plaintiff failed to make any timely expert witness disclosures to Petco and never provided a summary of his treating physicians' expected testimony. View "Vanderberg v. Petco Animal Supplies Stores" on Justia Law

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The Eighth Circuit reversed the district court's order finding that the trustee's claim under the Carmack Amendment against Canadian Pacific was untimely. This appeal stemmed from a train accident killing 47 people and destroying an entire town in Quebec. The court held that WFE's claim based on a claim letter and denial in April 2014 made the trustee's April 2016 lawsuit timely. In regard to Irving Oil, the court held that there was a genuine dispute over the very existence of contractual terms in the bill of lading providing for a nine-month notice period and a two-year suit limitation, precluding both dismissal on the pleadings or summary judgment as a matter of law. Accordingly, the court remanded for further proceedings. View "Whatley v. Canadian Pacific Railway Ltd." on Justia Law

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Plaintiff Jeffery Oppedahl and his family filed suit against Mobile Drill after Jeffery was injured in an accident involving a truck-mounted drill auger that left him a quadriplegic. The Eighth Circuit affirmed the district court's grant of summary judgment to Mobile Drill on plaintiffs' negligent entrustment claim involving the auger and the related consortium claims. The court held that the refurbishment exception did not apply here and that the district court did not err in dismissing plaintiffs' negligence and strict liability claims based on the running of the Iowa statute of repose. Even if the exception applied, plaintiffs' claim would still be barred where the existing case law in which courts have adopted a refurbishment exception to statutes of repose requires that the refurbishment be completed by the party being held accountable for the harm. In this case, it was IDOT, not Mobile Drill, that conducted the auger refurbishment. The court also held that the Iowa Supreme Court likely would not apply negligent entrustment against a product manufacturer when the claim relates to the sale of the product. Assuming that negligent entrustment applied, plaintiffs' claim failed where there was insufficient evidence to support a claim that Mobile Drill had knowledge that IDOT would use the auger in a manner involving unreasonable risk of physical harm or that it was foreseeable to Mobile Drill that IDOT would use the auger in an unsafe way. View "Oppedahl v. Mobile Drill International Inc." on Justia Law

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This appeal stemmed from consolidated actions alleging negligence and malicious conduct by the United States related to the development and maintenance of Albert Pike. In 2010, an intense storm system caused rapid and serious flooding of the river and resulted in the death of 20 campers. The Eighth Circuit affirmed the district court's grant of the United States's motion to dismiss based on lack of subject matter jurisdiction under the Federal Tort Claims Act (FTCA). Applying the Arkansas Recreational Use Statute, the court held that the campsite fee the Park Service charged was not an admission fee, and charging the fee did not disqualify the Park Service from claiming immunity under the statute. Furthermore, camping within a 100-year floodplain was not an uncommon recreational activity in Arkansas and the activity was of common usage. Therefore, the statute's immunity would extend to a private land owner facing this claim and the government could claim the immunity. View "Moss v. United States" on Justia Law

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Plaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World War II and the Cold War. The district court granted defendants' motion to dismiss claims brought on behalf of persons who passed away more than three years prior to the filing of suit. The Eighth Circuit affirmed, holding that the claims were untimely under Missouri's statute of limitations, Mo. Rev. Statutes Section 537.100, which did not permit tolling. The court also held that, to the extent equitable estoppel due to fraudulent concealment might be permitted under Missouri law, plaintiffs failed to raise the issue of fraudulent concealment in the district court. Finally, the provisions in the Comprehensive Environmental Response, Compensation, and Liability Act governing actions brought under state law were inapplicable to the present claims. View "Halbrook v. Mallinckrodt, LLC" on Justia Law

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Plaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World War II and the Cold War. The district court granted defendants' motion to dismiss claims brought on behalf of persons who passed away more than three years prior to the filing of suit. The Eighth Circuit affirmed, holding that the claims were untimely under Missouri's statute of limitations, Mo. Rev. Statutes Section 537.100, which did not permit tolling. The court also held that, to the extent equitable estoppel due to fraudulent concealment might be permitted under Missouri law, plaintiffs failed to raise the issue of fraudulent concealment in the district court. Finally, the provisions in the Comprehensive Environmental Response, Compensation, and Liability Act governing actions brought under state law were inapplicable to the present claims. View "Halbrook v. Mallinckrodt, LLC" on Justia Law

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The Eighth Circuit reversed the district court's grant of summary judgment against plaintiff in an action alleging that Southern negligently maintained the roadway at a crossing where its three tracks intersected a state highway. The court held that, viewing the evidence in the light most favorable to plaintiff, he established a genuine issue of material fact as to whether Southern negligently maintained the pavement. Accordingly, the court remanded for further proceedings. View "Donaldson v. Kansas City Southern Railway Co." on Justia Law