Justia Injury Law Opinion Summaries

Dr. Thomas C. Franchini, the former Chief of Podiatry at the Department of Veterans' Affairs Maine Healthcare System at Togus, sued several publishers and reporters for defamation. Franchini alleged that articles written by the defendants, which described malpractice allegations related to his treatment of veterans at VA Togus, were libelous and defamatory. He also claimed negligent infliction of emotional distress and fraudulent or negligent misrepresentation against some defendants.The United States District Court for the District of Maine granted summary judgment in favor of the defendants, finding that Franchini was a voluntary public figure and had failed to plead actual malice in his Second Amended Complaint (SAC). The court determined that the issues surrounding the quality of care at VA Togus were matters of public concern and that Franchini had voluntarily injected himself into the controversy through his actions, including creating a blog and giving an interview to a reporter. The court also found that Franchini's claims of negligent infliction of emotional distress and fraudulent or negligent misrepresentation were not supported by sufficient evidence.The United States Court of Appeals for the First Circuit affirmed the district court's decision. The appellate court agreed that a public controversy existed regarding the quality of care at VA Togus and that Franchini had voluntarily become a limited-purpose public figure by engaging in public discussions about the controversy. The court also held that Franchini failed to show that the defendants acted with actual malice, as required for a public figure to succeed in a defamation claim. The court noted that the defendants had conducted due diligence in their reporting and included Franchini's statements in their articles. Consequently, the appellate court affirmed the district court's grant of summary judgment in favor of the defendants. View "Franchini v. Bangor Publishing Co., Inc." on Justia Law

Three foreign nationals, crewmembers aboard the vessel MARGUERITA, were detained in the United States after the vessel was held in port in Maine due to alleged improper disposal of bilge water and inaccurate record-keeping. The plaintiffs were ordered to remain in the U.S. as potential material witnesses. They were later allowed to leave but returned for trial and were awarded for their contributions to the conviction of the vessel's operator.The plaintiffs filed a lawsuit under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics and the Federal Tort Claims Act (FTCA) against various U.S. government entities and officials, alleging violations of their constitutional rights and various tort claims. The U.S. District Court for the District of Maine dismissed the Bivens claim and granted summary judgment for the defendants on the FTCA claims. The court found that the plaintiffs' detention and the revocation of their landing permits were authorized and that the plaintiffs did not show that the actions taken by the government officials were unlawful or unreasonable.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the requirement for ships to maintain an Oil Record Book under 33 C.F.R. § 151.25 is valid and that the plaintiffs' detention was justified under the circumstances. The court also found that the plaintiffs failed to establish their claims for false arrest, false imprisonment, abuse of process, and intentional infliction of emotional distress under the FTCA. Additionally, the court concluded that the Bivens claim presented a new context and that special factors counseled hesitation in extending a Bivens remedy, particularly given the availability of alternative remedies and the implications for government policy and international relations. View "Hornof v. United States" on Justia Law

A defamation lawsuit was filed by Dana Cheng, a New York resident and political commentator, against Dan Neumann and Beacon, a Maine news outlet, for characterizing Cheng as "far-right" and a "conspiracy theorist" in an article. Neumann and Beacon sought dismissal of the case under both federal law and a New York anti-SLAPP law, which applies to meritless defamation lawsuits. The district court conducted a choice-of-law analysis, decided that New York law applied, and granted the motion to dismiss under New York's anti-SLAPP statute.The district court's decision was appealed to the United States Court of Appeals for the First Circuit. The appellate court agreed with the district court's ruling but for a different reason: it decided that Cheng's lawsuit had to be dismissed under binding First Amendment principles protecting free speech by the press. Back at the district court, Neumann requested attorneys' fees under the fee-shifting provision of New York's anti-SLAPP law. The district court denied Neumann's request after determining that Maine, not New York, law applied to the specific issue of attorneys' fees.Neumann appealed again, arguing that the district court erred in its choice-of-law analysis. The appellate court, noting the lack of clear controlling precedent on the issue, certified to the Supreme Judicial Court of Maine the question of which state's law applies to the attorneys' fees issue. View "Cheng v. Neumann" on Justia Law

The plaintiff, Brendan Hoover, was struck in the head by a descending elevator gate while working at a Hyatt Hotel. He filed a lawsuit against Hyatt Hotels Corporation and Otis Elevator Company, alleging negligence due to the visibly worn-down condition of the elevator's rubber "astragal," which he claimed caused his injury. Both defendants moved for summary judgment, arguing that Hoover's claim was based on unsupported conjecture.The district court granted summary judgment for Hyatt and Otis, holding that even if the contested expert evidence was admissible, Hoover failed to present anything other than speculation about an observable defect. The court did not rule on the admissibility of the expert evidence.On appeal, the United States Court of Appeals for the First Circuit affirmed the district court's decision. The court found that Hoover failed to provide sufficient evidence to support his claim that the worn-down condition of the elevator's rubber "astragal" caused his injury. The court also noted that Hoover's expert witness did not provide an adequate foundation for a jury to find that Hyatt and Otis negligently failed to maintain the astragal, resulting in its mis-performance that caused Hoover's injury. View "Hoover v. Hyatt Corporation" on Justia Law

A group of individuals filed a lawsuit against Genzyme Corporation, a drug manufacturer, for injuries allegedly caused by the company's mishandling of a prescription drug shortage between 2009 and 2012. The lawsuit was filed several years after the events in question occurred and would typically have been considered too late under the applicable statutory limitations periods. However, the plaintiffs argued that previous class actions, a savings statute, and a tolling agreement between the parties allowed the lawsuit to proceed. The district court partially agreed and rejected Genzyme's argument that the delay in filing required dismissal of the lawsuit. However, it dismissed the claims of all but four plaintiffs for lack of standing, and dismissed the remaining claims on the merits.On appeal, the United States Court of Appeals for the First Circuit found that all plaintiffs have standing and the court has jurisdiction to proceed with the case, at least with respect to the plaintiffs' individual claims. However, it concluded that four plaintiffs waited too long before filing this lawsuit, and their claims are time-barred. For the remaining plaintiffs, the court vacated the judgment dismissing their claims and remanded the case to the district court for further proceedings. View "Wilkins v. Genzyme Corporation" on Justia Law

The case concerns parents of a child who suffered severe and permanent injuries at birth due to alleged negligence of the medical staff at Hospital Damas. The parents sued Fundación Damas, Inc., alleging that it operated the hospital at the time of the malpractice. The district court granted summary judgment to Fundación on the basis of issue preclusion, concluding that the parents were "virtually represented" in earlier proceedings by the parents of another child who also suffered injuries at the hospital.The United States Court of Appeals for the First Circuit reversed the district court's decision. The appellate court found that the theory of virtual representation, which the district court relied on, was inapplicable to this case. According to the Supreme Court's precedent, issue preclusion generally does not apply to those who were not party to the prior litigation. The court noted that the Supreme Court had rejected the broad theory of virtual representation, which was the basis for the district court's decision. The court explained that the exceptions to the rule against nonparty preclusion are narrow and specific, and none applied in this case. Therefore, the court reversed the grant of summary judgment and remanded the case for further proceedings. View "Santiago-Martinez v. Fundacion Damas, Inc." on Justia Law

In this case, the plaintiff, Virginia Cora Ward, the administratrix of the estate of Edmund Edward Ward, appealed against the verdict in favor of Dr. Ernst J. Schaefer. Edmund Edward Ward, who suffered from a rare genetic deficiency that caused his body to refrain from producing a critical blood enzyme, was a subject of experimental enzyme therapy developed by Dr. Schaefer and others. The plaintiff claimed that Dr. Schaefer fraudulently induced Ward to participate in the experimental protocol and failed to obtain informed consent for his participation. However, the jury disagreed and returned a verdict in favor of Dr. Schaefer.On appeal, the United States Court of Appeals for the First Circuit affirmed the judgment of the lower court. The appellate court found that the district court did not err in excluding the patent for the experimental drug from evidence, as its probative value was substantially outweighed by the potential for confusion. Further, the court found no error in the jury instructions provided by the district court regarding the nature of the doctor-patient relationship and the application of the doctrine of res ipsa loquitur. The court concluded that the jury instructions sufficiently conveyed the legal standards to be applied, and the plaintiff failed to show that the occurrence of a medical condition during the experimental protocol implied that the protocol caused the condition. View "Ward v. Schaefer" on Justia Law

This case involves a medical malpractice suit against Hospital San Cristobal (HSC), Dr. Iris Vélez García, and Dr. Zacarías A. Mateo Minaya by the children of Ramona Rodríguez Rivera, who passed away while in the care of HSC. The plaintiffs alleged that their mother received negligent care at HSC during and following an abdominal surgery performed by Dr. Vélez and Dr. Mateo, leading to her death. The United States District Court for the District of Puerto Rico granted summary judgment in favor of the defendants.On appeal, the United States Court of Appeals for the First Circuit affirmed the district court's decision. The appellate court held that the district court did not err in excluding the plaintiffs' expert witness's testimony under Federal Rule of Evidence 702. The expert's report failed to identify the standard of care that HSC staff should have adhered to in their management of the patient's diabetes and how the staff deviated from that standard. Without this expert testimony, the plaintiffs could not establish a breach of the defendants' duty of care, a necessary element of a negligence claim. The appellate court also found no error in the district court's grant of summary judgment to the defendants as there was no evidence in the record that could show the defendants' negligence. View "Rivera Rodriguez v. Hospital San Cristobal" on Justia Law

The United States Court of Appeals for the First Circuit reviewed an appeal concerning personal jurisdiction in a case centered on foodborne illness. Anthony Cappello, a resident of New Hampshire, had consumed a salad from a New Jersey deli, which he alleged was contaminated with E. coli. Following his diagnosis, Cappello filed a lawsuit against the deli, the company that sold the lettuce to the deli (Restaurant Depot, LLC), the distributor of the lettuce (D'Arrigo Brothers, Co.), the grower of the lettuce (Adam Brothers Farming, Inc.), and one hundred John Does. Cappello later dismissed his claims against all defendants except for Restaurant Depot and D'Arrigo Brothers. Both companies moved to dismiss the case for lack of personal jurisdiction, arguing that Cappello's claims did not arise from their contacts with New Hampshire. The District Court dismissed the case, and Cappello appealed. The Court of Appeals affirmed the lower court's decision, albeit on different grounds. The court held that Cappello failed to demonstrate the necessary element of relatedness required to establish specific personal jurisdiction under the due process clause. Neither defendant's contacts with New Hampshire were instrumental in the formation or breach of the contract related to the sale of the salad, nor were they related to the tort claims. The court found that the defendants' contacts with New Hampshire were not sufficiently related to Cappello's claims to establish personal jurisdiction. View "Cappello v. Restaurant Depot, LLC" on Justia Law

The First Circuit affirmed the judgment of the district court ruling that the underlying suit was time barred as to all defendants in this action brought by Plaintiff under 42 U.S.C. 1983 on behalf of her late son's estate on the six-year anniversary of his death, holding that the lawsuit was time barred.Plaintiff sued jail staff and a medical contractor (collectively, Defendants), alleging that while her son was detained in the Somerset County Jail, Defendants failed to recognize his serious mental illness, thus leading to his death following a suicide attempt. Defendants moved to dismiss the suit as time barred. The district court granted the motion. The First Circuit affirmed, holding that Plaintiff was not entitled to relief on her allegations of error. View "Martin v. Somerset County" on Justia Law