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Articles Posted in Civil Litigation

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The Admissibility of “Absence” Evidence

Evidence is the foundation of any successful lawsuit – a single piece of evidence can make or break an entire case. Not all evidence, however, can be presented to the jury. There are strict rules that the courts use to determine whether a specific piece of evidence will be admitted.…

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Can you be liable for texting the driver of a vehicle?

Everyone has seen the advertising campaigns geared against texting and driving. Moreover, numerous states have enacted legislation which makes it illegal to text on your phone while you drive. While those ads and laws have certainly helped curb distracted driving on our roads, is their focus too limited? Should we…

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$500 Million Pinnacle Hip Verdict

After hearing thirty-seven days of trial testimony and deliberating for four days, a Texas jury determined that Johnson & Johnson was liable for defectively designing their metal-on-metal hip implants. The lawsuit alleged that Johnson & Johnson aggressively marketed their Pinnacle metal-on-metal hip implants for use by younger, more active patients…

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Johnson & Johnson Hit with Fourth Million Dollar Verdict on Risperdal Failure to Warn Claims

Johnson & Johnson has faced several lawsuits over the past year alleging that Johnson & Johnson knew there was a link between their antipsychotic drug, Risperdal, and abnormal breast growth. Risperdal is a very powerful antipsychotic drug that Johnson & Johnson peddled to pediatric doctors for use by children even…

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Volkswagen’s Emission Defeat Devices are subjecting the Automaker Giant to Class Action Litigation

Volkswagen has recently been hit by a wave of skepticism as news of the company’s emissions scandal shocked the United States. Volkswagen Group, also known as Volkswagen Aktiengasellschaft, is the second largest car manufacturer in the world. In addition to the well-known Volkswagen brand, the company also sells cars under…

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C.R. Bard Inc.’s IVC Filter Litigation

What are IVC filters and when are they used? Intra Vena Cava (“IVC”) filters are small spider-like devices that are implanted in the veins of patients in the hope that the filters will stop blood clots from reaching the patient’s lungs and other vital organs. IVC filters are designed to…

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Substantive and Procedural Laws: Which States’ Law Applies?

Civil law can generally be divided into two categories: substantive and procedural. Many substantive laws are commonly experienced and understood by the general public. For instance, the tort of negligence is present in everyday occurrences such as car wrecks, and breaches of contract can occur in virtually any type of…

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The Scariest Part of Halloween Could Be a Lawsuit

While Halloween is a night of fun, the special circumstances surrounding trick-or-treating and parties mean a variety of opportunities to commit actionable negligence. Here are a few thoughts on protecting yourself from liability on Halloween:   Don’t leave open candles anywhere outside. While your sidewalk may look great lined with…

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