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Motorcyclist Awarded Benefits from Underinsured Motorist Coverage by Court

| Feb 14, 2013 | , ,

A motorcyclist who suffered severe injuries in a traffic collision may collect underinsured motorist benefits under several policies, the Missouri Supreme Court’s ruled in Manner v. Schiermeier, No. SC92408, slip op. (Mo., Jan. 8, 2013). The court rejected the argument of the two defendant insurers that exclusions for “owned vehicles” precluded coverage of the plaintiff’s vehicle. It found that neither…

Appellate Court Affirms Judgment in Defendant’s Favor in Pharmaceutical Products Liability Lawsuit, Citing Lack of Expert Testimony

| Feb 8, 2013 | , ,

An appellate court ruled in favor of a pharmaceutical company in an appeal of a summary judgment order and a jury verdict in a multi-district products liability lawsuit. Secrest v. Merck, Sharp & Dohme Corp., part of In re: Fosamax Products Liability Litigation, No. 11-4358-cv (2nd Cir., Jan. 30, 2013). The Second Circuit affirmed a district court’s order granting summary…

First Amendment Protects Pharmaceutical Sales Rep’s Off-Label Promotion of Drug, Court Says

| Jan 30, 2013 | ,

A pharmaceutical sales representative’s conviction for conspiracy to introduce a misbranded drug into interstate commerce violated his rights to free speech under the First Amendment, according to the Second Circuit’s ruling in United States v. Caronia, No. 09-5006-cr, slip op. (2nd Cir., Dec. 3, 2012). The court held that the representative’s speech, consisting of the off-label marketing of a drug,…

Compounding Pharmacies Face Added Scrutiny in Wake of Meningitis Outbreak

| Jan 26, 2013 | ,

A nationwide outbreak of fungal meningitis, traced to medications from a Massachusetts compounding pharmacy, has prompted lawmakers and others to propose strengthening oversight and regulation of compounding pharmacies around the country. These pharmacies currently have no consistent system of federal oversight, although state governments have a wide range of regulations intended to promote drug quality and patient safety. Indiana’s Board…

Parents Sue Indiana School, Alleging Negligence for Failure to Prevent Sexual Abuse of Child by Other Students

| Jan 24, 2013 | , ,

The parents of an eight year-old child have filed suit against the child’s school, alleging negligence and violations of their child’s statutory and constitutional rights. Doe v. Ball State University, et al, No. 18C01-1208-PL (Circuit Court No. 1, Delaware County, Ind., Sept. 28, 2012), removed to No. 1:12-cv-01464 (S.D. Ind., Oct. 10, 2012). The suit claims that the school negligently…

Among Nursing Homes, For-Profit and Non-Profit Facilities May Offer Different Levels of Care

| Jan 10, 2013 |

Do non-profit and for-profit nursing homes differ significantly in the quality of care they provide to their residents? In an “Economic Scene” article, the New York Times posed that question last week. The author cited several academic papers to suggest that the profit motive may interfere with the goal of providing top-quality care to nursing home residents, as compared to…

Pedestrian Deaths Along Rail Lines Bring Few Legal Consequences in Indiana

| Dec 28, 2012 | , ,

Hundreds of people around the country die every year when they are hit by trains while walking on or along railroad tracks. Despite such a seemingly large number of fatalities, the issue received little attention by lawmakers or the justice system. Railroad companies view the issue as a matter of trespassing and take few, if any, measures to prevent deaths…

Company Sues to Have Negative Information Removed from Federal Product Safety Website

| Dec 21, 2012 |

A lawsuit filed by an anonymous company sought to remove allegedly false or misleading information about the company’s product from an online product safety database maintained by a federal agency. The plaintiff in Company Doe v. Tenenbaum, No. 8:11-cv-02959, slip op. (D. Md., Oct. 22, 2012), alleged that a report submitted to the website described injuries or damages that were…

False Claims Act Lawsuit Alleging Medicaid Fraud Against Indiana Nursing Home Dismissed for Lack of Jurisdiction

| Dec 14, 2012 |

A lawsuit brought under the federal False Claims Act (FCA) by an Indiana resident, involving allegations that an Indiana nursing home had defrauded the Medicaid system, failed to establish that the court had subject matter jurisdiction, according to a recent ruling by the Fourth Circuit Court of Appeals. The court held in United States ex rel. Black v. Health &…

After Multiple Lawsuits Allege Wrongful Death and Other Claims Against Energy Drink Company, Insurance Companies Seek Declaration that They Are Not Obligated to Provide Defense

| Dec 7, 2012 | , , ,

“Energy drinks,” a general category of drinks with high levels of stimulants like caffeine, taurine, and guarana, have been the subject of much scrutiny in recent years, as their excessive consumption has allegedly led to multiple injuries and deaths. Four Loko, an energy drink that also contains alcohol, has been especially controversial, earning the nickname “Blackout in a Can” among…

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