News

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.

The Supreme Court has declined to review an $8 million punitive damages verdict against Farmers Insurance Company of Oregon in a class action brought by policyholders, in Farmers Insurance Co v. Strawn. The Oregon courts found that Farmers failed to comply with Oregon personal injury protection (PIP) law and its policy contract by failing to pay all reasonable medical expenses it was required to pay. CCL’s Robert S. Peck, counsel of record for the plaintiffs/respondents, opposed review of Farmers’ petition, which asserted in part that it was denied due process because plaintiffs proved the reliance element of fraud on a class-wide rather than individualized basis. Petitioners were represented by Mr. Theodore J. Boutros of Gibson Dunn.

In CompuCredit Corp. v. Greenwood, 132 S. Ct. 665 (2012), the Supreme Court ruled that claims arising under the federal Credit Repair Organizations Act are subject to arbitration pursuant to a valid arbitration agreement. In an amicus brief for the American Association for Justice, filed in support of respondents, John Vail of CCL argued that such claims should not be subject to arbitration. The amicus brief was cited favorably in Justice Ginsburg’s dissent.

The George Mason Judicial Education Program is “the nation’s preeminent provider of high-quality and balanced judicial education programs that focus on economics, finance, accounting, statistics, and scientific method.” This week it hosted the sixth annual judicial symposium on civil justice issues. CCL’s Robert S. Peck was this year’s keynote speaker. In addition, Valerie M. Nannery was a panel speaker.

SCOTUSblog has selected a petition filed by CCL’s Andre M. Mura as its “petition of the day.” The case, Malaterre v. Amerind Risk Management Corp., No. 11-441, asks the U.S. Supreme Court to consider “whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.”

The Milbank Tweed Forum Series at New York University Law School hosted “A Brewing Debate: Does the Tort System Need Reform?” Panelists included Andre M. Mura of CCL; Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein, LLP; J. Russell Jackson, of Skadden, Arps, Slate, Meagher & Flom, LLP; and Victor Schwartz, general counsel, American Tort Reform Association. Professor Catherine Sharkey of NYU Law was the moderator.