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Articles Tagged with product-liability-lawsuit

Jurisdiction is a key issue for any personal injury lawsuit. If a certain court does not have jurisdiction, the case cannot proceed. It’s imperative to have a thorough understanding of whatever jurisdictional issues may arise prior to filing the case, as an error could result in a setback that not only wastes time and money, but could result in forever losing the opportunity to bring the case, if the decision falls outside the statute of limitations. pickup1

There are three basic types of judicial jurisdiction: Personal, Territorial and Subject Matter. Personal jurisdiction is when a court has authority over a person, regardless of the location. Territorial jurisdiction is authority that is confined to a certain space. Subject matter jurisdiction is when one has legal authority over the subject of the legal questions in the case. When a court has exclusive jurisdiction, it is the only court that can decide the case. If the court has concurrent jurisdiction, one or both parties may try to “forum shop,” to take the case to the court the party presumes may reach the most favorable result.

In the recent Alabama Supreme Court case of Hinrichs v. General Motors of Canada, Ltd., the question was whether the state courts in Alabama had jurisdiction over a foreign automobile manufacturer accused of designing a defective pickup truck seat belt that allegedly failed to restrain a passenger in a rollover car accident. The plaintiff, a German citizen, now suffers quadriplegia as a result of the crash. Plaintiff was in Alabama as a member of the German military who was assigned to Fort Rucker for flight training.  Continue reading

Tree stands are popular among avid game hunters looking to expand their field of vision while minimizing their ground scent. hunting

But these stands can be dangerous, especially when they are not properly manufactured or maintained. A recent study by the Ohio State University Medical Center revealed these tree stands – not guns – are the most dangerous aspect of hunting.

Of 130 Level 1 trauma hunting-related injuries the team analyzed over a 10-year period, 50 percent were from falls. Of those, 92 percent were from tree stands. Comparatively, 29 percent of all serious hunting injuries stemmed from gunshot wounds.

A plaintiff in an Actos product liability lawsuit has prevailed in an appeal after a trial court granted defendant pharmaceutical company a judgement notwithstanding verdict and tossed the jury’s finding in favor of plaintiff. pills4

Now, in Cooper v. Takeda Pharmaceuticals, case has been remanded back to trial court with instructions to reinstate the jury’s original verdict and enter a damage award in favor of plaintiff.

To offer some background: Actos is a type of diabetes drug that has been linked to a number of dangerous medical conditions, including congestive heart failure (heart attacks) and bladder cancer. Although consumers are instructed to avoid the drug except as a “last resort” due to the risks, the drug has been aggressively marketed as a first-resort and the risks largely downplayed or denied by the company.