Fear of Lawsuits Prompts The Hartford’s Preemptive Strike Against Peanut Supplier
According to Alexandra D. Lahav, of the Mass Tort Litigation Blog, The Hartford has filed a declaratory judgement action against the Peanut Corporation of America, “presumably to avoid paying out on claims arising out of the spate of lawsuits we are about to see arising out of salmonella poisoning in peanut butter products.”
Ah, those ever [...]
One-Man Medical Malpractice Machine Exhibits Litigious Tendencies
I love this story, which comes to us from West Virginia, courtesy of the Charleston Gazette. A local surgeon who managed to generate 124 medical malpractice lawsuits against himself in less than two years is apparently lawsuit-happy in a most unproductive way. He has sued the lawyers who defended him during hospital-initiated proceedings to terminate [...]
Second Dept. Subverts Meaning of “Constructive Notice”
In a case decided on January 27, 2009, Maldonado v. Novartis Pharmaceutical Corp., Novartis seems to have come out on top, to the disappointment of plaintiff, Frank Maldonado, thanks to an unusually harsh application of the concept of constructive notice.
Maldonado endured serious injuries after slipping and falling on snow and ice on a metal grate [...]