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Category: Blog

Asbestos Case Goes to Trial

In McCrossin v. IMO Industries, Inc., W.D. Washington No. 3:14-CV-05382, 2015 WL 575155, (Feb. 11, 2015), the U.S. District Court denied two defendants' motions for summary judgment in an asbestos case, holding that the plaintiff demonstrated genuine issues of material fact.  The case is not a monumental decision, rather, the case demonstrates the proper application of a simple […]

Inflated Expert Fees

In class actions, experts typically provide the necessary evidence of the damages.  Those fees can get expensive.  As reported in the American Bar Association's Litigation News, a U.S. District Court for the District of New Jersey recently denied recovery for inflated expert fees.  In Rothstein v. Harstad, a plaintiff class' counsel contracted with an expert to calculate […]

Redefining the Definition of Medical Claim

In mid-December of last year, the Ohio General Assembly quietly introduced legislation redefining the definition of medical claim as codified in R.C. 2305.113(E)(3).  The change is important because of a growing trend in Ohio, as I mentioned here and here, clarifying that not all claims against nursing homes or hospitals were "medical claims" for the purposes of […]

Medical Device Case Remanded to State Court

Last week in Hricik v. Stryker Biotech, LLC, E.D. Penn No. 14-3228, 2015 WL 418118, (Jan. 30, 2015), the trial court remanded a medical device case back to state court after the defendants attempted to assert diversity jurisdiction to have the claims heard in federal court.  The defendants, the medical device manufacturer and two individual sales representatives, claimed […]

Motion to Compel Medical Records

Last week, in Miller v. State Farm, 2015-Ohio-280, the Ninth District reminded everyone that a motion to compel medical records must be predicated on requests for productions or interrogatories, rather than any other informal request for discovery.  The plaintiff, injured in a car accident, sought payment under his underinsured motorist policy with State Farm.  During pretrial practice, […]