North Alabama personal injury attorney Jeff Blackwell of Hornsby, Watson, Hornsby, Blackwell & McKown uses the Alabama Litigation Review to provide insights and commentary on developments in Alabama litigation.
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Does the number of jurors on a panel matter? Does it affect the fairness of the panel in deciding cases? Moreover, does justice require a unanimous verdict? Or, asked another way, does justice require that one lone dissenter prevent a jury panel from deciding a case? These...
Last week, news sources reported that Alabama's new Attorney General Luther Strange fired the outside law firms representing Alabama in the BP oil spill litigation. Now, Attorney General Strange says he will personally assume the role of lead counsel for Alabama. This is an interesting...
In a February 17 post, I clearly expressed my criticism of the effort by some in the Alabama Legislature to strip our workers of the minimum protections provided by Alabama's Workers' Compensation Act. Arbitrarily cutting off some benefits and keeping other benefits below the poverty level is not...
Actos litigation is a subject that I have addressed on several occasions. The pending claims continue to move forward. As they progress, we learn more about the manufacturer Takeda's research and marketing of this diabetes drug to the public. Last week, Bloomberg revealed that a whistleblower has...
Alabama's Wrongful Death Laws Protect All Life (Is the Alabama Supreme Court on a Collision Course with Federal Abortion Law)
Last week, the Alabama Supreme Court issued its decision in Hamilton v. Scott. The case involved a claim for wrongful death under Alabama law. Yet, this was not a normal wrongful death claim. Instead, it was a wrongful death claim alleging that a doctor caused the death of an...
Current Efforts To Change Alabama's Workers' Compensation Laws Would Severely Harm the Families of Disabled Workers
It has been over 25 years since the Alabama Legislature last increased the maximum weekly benefit payable under Alabama's Workers' Compensation Act to a worker with a partial disability. At that time, the weekly maximum allowed an injured worker's family to survive slightly above the poverty...
A couple weeks ago, the U.S. Judicial Panel on Multidistrict Litigation (JPML) met in Miami to discuss the consolidation of claims against several transvaginal mesh manufacturers. I previously wrote about this issue. Today, the JPML issued its decision. As requested by many of the plaintiffs, the...
Last week, the U.S. Judicial Panel on Multidistrict Litigation (JPML) met in Miami. Among the issues set for hearing were requests to consolidate pending Federal Court cases alleging product defect claims due to transvaginal surgical mesh products against American Medical Systems, Ethicon...
The Federal Judicial Panel on Multidistrict Litigation has issued its Order consolidating all pending Actos cases in Federal Court. The cases have been consolidated before U.S. District Judge Rebecca Doherty in the U.S. District Court for the Western District of Louisiana. This means that Judge...
I wrote a few days ago about the health issues being associated with the diabetes drug Actos. Now, the headline yesterday from Bloomberg says it all: TAKEDA MAY FACE 10,000 U.S. SUITS OVER ACTOS CANCER CLAIMS Regulators in France and Germany have already pulled the drug from their...