Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

By: Amy R. Braun.

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim. This specific case, Huskey v. Ethicon, Inc., involved the product Tension-Free Vaginal Tape-Obturator (“TVT-O”), which was implanted in […]

 

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

By: Amy R. Braun.

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault of an uninsured motorist (UM).   Manu was a passenger in a motor vehicle accident caused by […]

 

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

By: Chris Jones.

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel.  According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds when, without making any contact with the toilet tank, the tank lid suddenly fell.  The lid broke […]

 

Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

By: Terrence L. Graves.

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter.  The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was originally dealt with in the Circuit Court for Richmond County. The case came out of the tragic […]

 

What Is the Impact of NHTSA Automated Vehicle Policy on Transportation Liability?

By: Chris Jones.

On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles.  NHTSA issued the Policy for the purpose of providing guidance to the states, manufacturers, and the public at large over how best to address the variety of challenges posed by the continued progress of automated vehicle technology.  These […]

 

Cybersecurity Experts to Congress: It’s Time for Guidance

By: Chris Jones.

On October 21, 2016, millions of internet users across the United States were prevented from accessing a number of popular websites, including Amazon, Netflix, Spotify and Twitter.  The reason?  A hacker had previously released the source code for Mirai malware on the dark web, a vast and anonymous network for illegal activity.  Mirai is designed […]

 

Corporate Designee Deposition: Elevated Duty Imposed on Corporate Designee Provides Reprieve from Oppressive Discovery Tactics

By: David W. Hearn.

Virginia’s “ever-evolving discovery rules”[1] necessarily afford counsel wide latitude within which to maneuver in undertaking their duty to zealously advocate. The rules, however, also furnish aggrieved parties with effective means to combat oppressive discovery practices initiated by attorneys who seek to gain an unfair advantage and those who are merely dilatory in undertaking discovery. In […]

 

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

By: Chris Jones.

In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability insurer has the duty to defend its insured against a cybersecurity claim. The Underlying Suit On April 18, […]

 

Subrogation in Data Breach Cases: Vendor Vulnerability and Practical Prevention

By: Chris Jones.

Written by Chris Jones and David Boyce “Customer data is often a liability rather than an asset” observed Johns Hopkins cryptographer Matthew Green in a recent tweet. A liability indeed, not only for the corporate victim of a breach, but also for an ever expanding list of potential third party defendants. The collection and retention […]

 

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

By: Chris Jones.

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond filed her Complaint on February 28, 2011, erroneously naming “Katherine E. Cornett” as the defendant. In January of […]