News

The National Law Journal today published an article on the status of the Darvon MDL litigation, “Darvon plaintiffs look to Sixth Circuit.” The article quotes CCL Senior Litigation Counsel Lou Bograd, who is working with the Plaintiffs’ Executive Committee for the MDL and heading up appellate efforts in the Sixth Circuit. In light of a series of adverse rulings from the MDL judge, Judge Denny Reeves of the Eastern District of Kentucky, Bograd says: "The bottom line is: The future of this litigation rests with the Sixth Circuit."

CCL is lead appellate counsel for the plaintiffs in the MDL. Preemption

The U.S. Supreme Court let stand a $5.6 million judgment against KIA Motors based on a defect in certain braking systems. The petition in Kia Motors America, Inc. v. Samuel-Bassett, --- S. Ct. ----, 2012 WL 2368701 (2012), was filed by Mr. Carter G. Phillips of Sidley Austin LLP. CCL’s Robert S. Peck was counsel of record for respondents.

The U.S. Supreme Court has denied review of an insurer’s attempt to avoid liability to people whose property was destroyed by Hurricane Katrina. The case is Louisiana Citizens Property Insurance Corporation v. Oubre, --- S. Ct. ----, 2012 WL 1358843 (2012).

Mr. Theodore B. Olsen of Gibson Dunn represented the petitioners. CCL’s Robert S. Peck was counsel of record for respondents.

The West Virginia Supreme Court, in the case In re E.B., ruled today that the state Medicaid agency could only recoup Medicaid payments from that portion of a tort settlement representing payment for past medical expenses. Where a settlement is unallocated, and the parties can't agree, the trial court must hold an allocation hearing at which the state will bear the burden of proof regarding the portion of the settlement representing past medicals.

CCL’s Louis M. Bograd was lead appellate counsel for the plaintiffs.

The American Constitution Society, at its annual convention, hosted a roundtable on whether individuals are losing the right to trial by jury. Professor Arthur Miller of NYU Law School moderated. CCL’s John Vail was among the panelists. The Blog of the Legal Times covered the event.

The Maryland Court of Appeals has agreed to consider the merits of an appeal concerning whether to abolish the common-law doctrine of contributory negligence and adopt comparative negligence. CCL’s John Vail is lead appellate counsel for the plaintiffs in Coleman v. Soccer Assoc. of Columbia, No. 02048.

CCL’s Andre M. Mura filed an amicus brief in support of the plaintiffs/appellees in Wyeth Pharmaceuticals, Inc. v. Daniel, Nos. 63 & 64 EAP 2011, now pending before the Pennsylvania Supreme Court. The brief, filed on behalf of the Pennsylvania Association for Justice, argues that the Federal Drug Administration’s oversight of drug safety is no warrant for barring state-law remedies awarded to punish and deter a drug manufacturer’s reckless disregard for patient safety.

The Missouri Supreme Court held oral argument in Watts v. Cox Medical Center, No. SC91867. The case concerns the constitutionality of a Missouri law limiting compensation for non-economic harm in cases where medical negligence is proven. Andre M. Mura presented argument on behalf of the plaintiffs. The Missouri Solicitor General’s Office argued on behalf of the defendants.

Missouri Lawyers Media has coverage of oral argument (subscription required). It notes that this “high-profile appeal” “has drawn attention from across the state and nation.”

The U.S. Supreme Court turned aside a major push by tobacco companies to review the constitutionality of several million-dollar jury verdicts that will compensate the families of dead smokers. Bloomberg, Reuters, UPI, and Sunshine State News have coverage. These are the first of the so-called Engle cases tried and reviewed by the Florida courts. Bloomberg reports that “[a]bout 8,000 post-Engle cases claiming death and injury from smoking are pending against Reynolds, Altria Group Inc. (MO) and other U.S. cigarette makers in Florida state and federal courts.”

The cases are R.J. Reynolds Co. v. Gray, No. 11-272, R.J. Reynolds Co. v. Martin, No. 11-274; R.J. Reynolds Tobacco Co. v. Hall, No. 11-755; and R.J. Reynolds Tobacco Co. v. Campbell, No. 11-756.

Mr. Gregory G. Katsas of Jones Day represented the petitioners. CCL’s Robert S. Peck was counsel of record for the respondents in the Gray and Martin appeals. With him on the briefs was Valerie M. Nannery.

CCL’s Robert S. Peck argued in the Florida Supreme Court that Florida’s statutory limits on compensatory damages for non-economic harm violate plaintiffs’ rights of equal protection, trial by jury, access to the courts, and separation of powers under the Florida Constitution. The case, Estate of McCall v. United States, No. 09-163755, comes to the Florida Supreme Court on certified questions from the U.S. Court of Appeals for the Eleventh Circuit. With Bob on the briefs was Valerie Nannery.