National News & Case Coverage

Case Summaries

Injury & Tort Law

[07/17] Herrera v. Hernandez
In a personal injury action, denial of plaintiff's motion for a new trial based on juror misconduct is affirmed where: 1) the juror did not conceal bias during the voir dire proceedings; 2) there was no implied bias since the dissolution of the juror's marriage to defendant's nephew terminated her affinity to defendant.

[07/17] Trask-Morton v. Motel 6 Operating L.P.
Summary judgment awarded to defendant-innkeeper in a negligence action arising from an alleged sexual assault on the premises of defendant's motel is affirmed where plaintiff-guest produced no evidence that 1) she had been sexually assaulted or 2) the defendant had caused her any injury by failing to render aid. A motion for sanctions against defendant for improprieties related to the discovery process was also properly denied.

[07/16] Turbomeca, S.A. v. Era Helicopters LLC
In a suit for economic loss arising out of the loss of a helicopter due to engine trouble, dismissal of tort claims alleging post-sale failure to warn of a pre-sale product defect is affirmed where: 1) the circuit court refuses to recognize an exception to the East River doctrine for post-sale negligent failure to warn claims; and 2) purchaser is restricted to a warranty or contract cause of action under maritime law.

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Consumer Products

[/] Totes Isotoner Corp. v. Int'l Chem. Workers Union
In a labor dispute, a supplemental labor arbitration award was properly vacated where the arbitrator: 1) was not arguably construing a contract when granting the supplemental award on the basis of the original award; and 2) acted outside of his authority by reaching a question not presented to him by the parties.

[07/18] Med. Ctr. Pharmacy v. Mukasey
In a suit for declaratory relief seeking permission to continue compounding drugs without obtaining FDA approval, a ruling finding that compounded drugs are implicitly exempt from the new drug and new animal drug definitions, and that drugs compounded from bulk ingredients for non-food animals do not violate the Federal Food Drug and Cosmetic Act's (FDCA) unsafe, adulteration, or misbranding provisions is vacated and the case remanded where the FDCA, as amended, permits compounded drugs to avoid the new drug approval process, but the exception applies only in certain statutorily-delimited circumstances.

[07/18] Fidel v. Farley
In the context of a securities class-action settlement, a nonintervening, nonnamed class member is a "party" for the purpose of appealing approval of a settlement.

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