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Court: US Court of Appeals for the Ninth Circuit

Docket: 20–15009

Opinion Date: April 6, 2021

Judge: Carlos T. Bea

Areas of Law: Personal Injury, Products Liability

The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of Intuitive Surgical, the designer and manufacturer of the da Vinci surgical robot, in a product liability action brought by the plaintiff and her husband, holding that the action was time-barred under California’s two-year statute of limitations under California Code of Civil Procedure 335.1. The panel concluded that the two-year California-not three-year Connecticut-statute of limitations applies to the plaintiff’s claim…


Court: US Court of Appeals for the Fifth Circuit

Docket: 20–50200

Opinion Date: April 6, 2021

Judge: Don R. Willett

Areas of Law: Government & Administrative Law, Military Law, Personal Injury

In 2015, a soldier stationed at Fort Hood fatally shot his neighbors, his wife, and himself. The victims’ families filed suit under the Federal Tort Claims Act (FTCA) and the district court entered final judgment in favor of the United States, dismissing the case with prejudice. The Fifth Circuit affirmed the district court’s dismissal, concluding that the district court did not commit a clear error in finding that the harm to the victims was not foreseeable to the Army. The court explained that, under Texas law, a plaintiff must show both foreseeability and cause in fact to establish proximate causation.

Continue reading here: https://freewaylaw.com/kristensen-v-united-states/

Originally published at https://freewaylaw.com on May 9, 2021.


Court: US Court of Appeals for the Second Circuit

Docket: 19–863

Opinion Date: April 7, 2021

Judge: Amalya Lyle Kearse

Areas of Law: Banking, Government & Administrative Law, International Law, Personal Injury

The Second Circuit affirmed the district court’s dismissal of the operative amended complaints in two actions seeking to hold the defendant bank liable under the Antiterrorism Act of 1990 (ATA), for providing banking services to a charitable organization with alleged ties to Hamas, a designated Foreign Terrorist Organization (FTO) alleged to have committed a series of terrorist attacks in Israel in 2001–2004. The actions also seek to deny…


Court: US Court of Appeals for the First Circuit

Docket: 19–1776

Opinion Date: March 31, 2021

Judge: Katzmann

Areas of Law: Drugs & Biotech, Personal Injury

The First Circuit affirmed the judgment of the district court granting summary judgment in favor of CVS Pharmacy, Inc. and dismissing this complaint involving a pharmacist’s dispensation of a prescription that triggered the pharmacy’s internal warning system, holding that the district court did not err. Plaintiff brought this action alleging that he sustained permanent ocular damages as a result of a medication dispensed by CVS.

Continue reading here: https://freewaylaw.com/carrozza-v-cvs-pharmacy-inc/

Originally published at https://freewaylaw.com on May 7, 2021.


Court: California Courts of Appeal

Docket: E073950(Fourth Appellate District)

Opinion Date: April 6, 2021

Judge: Miller

Areas of Law: Class Action, Consumer Law, Landlord — Tenant

In a fifth amended class action complaint, plaintiffs Kelly Peviani, Judy Rudolph, and Zachary Rudolph, on behalf of themselves and others similarly situated, sued defendants Arbors at California Oaks Property Owner, LLC and JRK Residential Group, Inc. Plaintiffs alleged “Defendants advertise with colorful brochures and promising language that the Property is a safe, habitable, and luxurious place to live, with numerous amenities including a playground, cabanas and lounges, tennis and basketball courts, a rock-climbing…


Court: Alaska Supreme Court

Docket: S-17157

Opinion Date: April 2, 2021

Judge: Peter J. Maassen

Areas of Law: Class Action, Constitutional Law, Labor & Employment Law

Members of the plaintiff class were former Alaska State employees. When they enrolled in the State employee retirement system, a statute provided that if they left eligible employment, withdrew their contributions to the system, and later returned to eligible employment, they could repay their withdrawn contributions, be reinstated to their original benefits level, and have their credited service time restored. The statute was later repealed.

Continue reading here: https://freewaylaw.com/metcalfe-v-alaska/

Originally published at https://freewaylaw.com on May 5, 2021.


Court: US Court of Appeals for the Ninth Circuit

Docket: 19–56514

Opinion Date: April 6, 2021

Judge: Patrick J. Bumatay

Areas of Law: Class Action

The Ninth Circuit vacated the district court’s order certifying three classes in a multi-district antitrust case alleging a price-fixing conspiracy by StarKist and Tri-Union, producers of packaged tuna. Producers challenged the district court’s determination that Federal Rule of Civil Procedure 23(b)(3)’s “predominance” requirement was satisfied by expert statistical evidence finding classwide impact based on averaging assumptions and pooled transaction data. Although the panel has not previously addressed the proper burden of proof at the class certification stage, the panel held that a district court must find by a preponderance of the evidence that the plaintiff has established predominance under Rule 23(b)(3).

Continue reading here: https://freewaylaw.com/olean-wholesale-grocery-cooperative-inc-v-bumble-bee-foods/

Originally published at https://freewaylaw.com on May 4, 2021.


Court: US Court of Appeals for the Fourth Circuit

Docket: 19–2233

Opinion Date: April 13, 2021

Judge: Niemeyer

Areas of Law: Antitrust & Trade Regulation, Class Action, Drugs & Biotech

Plaintiffs filed an antitrust class action against Actelion, alleging that Actelion extended its patent monopoly for its branded drug Tracleer — a drug to treat pulmonary artery hypertension — beyond the patent’s expiration date. Plaintiffs claimed that Actelion did so “through illegitimate means” with the intent of precluding competition from generic drug manufacturers and charging supracompetitive prices for Tracleer, in violation of federal and state antitrust laws. Plaintiffs further claimed…


Court: Supreme Court of Virginia

Docket: 200335

Opinion Date: April 15, 2021

Judge: LeRoy F. Millette, Jr.

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the circuit court awarding compensatory and punitive damages arising from Appellants’ intentional statutory torts of racial harassment and stalking, holding that the evidence was sufficient to support the award. William Ellis, a black man, worked for John Powell, a white man, and his company, Northern Virginia Kitchen, Bath & Basement, Inc. (NVKBB) as an independent contractor. A dispute arose when Ellis worked at the home of a certain homeowner, referred to as Ms. C. NVKBB filed a complaint against Ms. C and Ellis, alleging, inter alia, defamation.

Continue reading here: https://freewaylaw.com/northern-virginia-kitchen-bath-basement-v-ellis/

Originally published at https://freewaylaw.com on May 2, 2021.


Court: Supreme Court of Ohio

Citation: 2021-Ohio-1241

Opinion Date: April 14, 2021

Judge: Per Curiam

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint about a writ of mandamus to compel the Lucas County Prosecutor’s Office to bring felonious assault charges against Ronald Collins and Courtney Lykans for injuries that Appellant’s infant daughter sustained while she was in their care, holding that the court of appeals did not abuse its discretion. After Appellant’s daughter sustained life-threatening injuries Lykans and Collins were indicted on third-degree felony counts of child endangering. Lykans pled no contest to the charge, and Collins pled no contest to an amended fourth-degree felony charge of attempting child endangering.

Continue reading here: https://freewaylaw.com/state-ex-rel-whittaker-v-lucas-county-prosecutors-office/

Originally published at https://freewaylaw.com on May 1, 2021.

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