It turns out that an auctioneer's selling things (for a fee) does not make you a "seller" under Arizona product liability law.Last week Division Two handed down Antone v. Greater Arizona Auto Auction, Inc..The Court observed that a "[s]eller" is defined by the Arizona products statute as "a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business...
I have been doing personal injury law for 18 years from Virginia Beach, Virginia (VA) and I really enjoy what I do. First, I really believe that I am wearing the white hat in doing good work on a worthy cause because I represent only plaintiffs in personal injury cases. I do not think that the insurance defense lawyers are bad people, but I could never do that side of personal injury...
Yet another company has announced they are voluntarily recalling pet food involved in the massive recall that is underway. Dog and cat food manufactured by American Nutrition may contain rice protein that was contaminated with melamine. Melamine has turned up in several ingredients used to make pet food including wheat gluten, rice protein, and corn gluten. However, several of the companies...
A growing number of locomotive engineers have successfully pursued FELA claims against their employers based upon excessive vibrations found in locomotives. These claims are related to various long term maintenance issues (i.e. poorly maintained track, altered or poorly maintained locomotive seats, etc.). While transportation employees may be subject to locomotive cab vibration, they also face...
Arcoxia, Merck's latest in its line of Cox-2 inhibitors, has received a non-approval letter from the FDA. Currently on the market in 63 countries, Arcoxia has been marketed for arthritis relief and currently contributes roughly $265 million a year in sales for Merck. The FDA has said that in order for Arcoxia to be approved in the United States, Merck "needs to provide more test results...
On April 19, 2007, a Montgomery jury awarded $2 million dollars in punitive damages and $2 million dollars in compensatory damages to a woman who was paralyzed when her SUV rolled over after the tread on one of her tires separated. The tire had been recalled in August 2002 and even though the plaintiff had her car serviced at Wal-Mart nine times after the recall, it failed to notify her of the...
The numbers are out for civil jury verdicts and they are not pretty. Indeed, they are generally very low and, since they include commercial cases in the average (which can skew the numbers quite a lot), we pay more attention to the median numbers.2006 Reported Arizona VerdictsAverages vs. Medians {mso-displayed-decimal-separator:"."; mso-displayed-thousand-separator:",";}@page {margin:1.0in...
The Bush Administration has placed so many of its industry cronies in charge of federal regulatory agencies that one has to wonder whether there is an agency out there that is being run by someone who isn't trying to undermine that agency's mission. Edwin Foulke was South Carolina's Republican Party Chairman, and an anti-union, anti-regulatory zealot who was well-know for his efforts to weaken...
I have been working in the area of personal injury law nearly all the time for 18 years. During that time, I have learned lots of specific rules that are hidden in the statutes and case law pertaining to automobile wreck and other injury cases. Now, after having done injury work for so long, I feel that I know probably 97% of the rules applicable to handling personal injury cases and trying them...
The St. Louis Post-Dispatch reports that a judge said yesterday that he plans to approve a $64 million class-action settlement between Paxil manufacturer GlaxoSmithKline and parents whose children took the drug for depression.The news story reports:Paxil was once touted as an answer to teen depression. It was later thought to have increased the risk of suicidal thinking in young people, some of...