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Worker trapped in freezer, dies during steam cleaning
The plaintiff’s decedent, an undocumented laborer, owned a small company that contracted to clean freezers at the defendant’s seafood production facility. He died when he became locked inside one of the freezers.
What Bayer’s U.S. Supreme Court case means for the thousands of Roundup lawsuits
The U.S. Supreme Court will decide if federal pesticide law preempts state cancer warnings in Bayer's Roundup lawsuits, affecting thousands of claims.
Products liability – Cigarettes – Punitive damages
Where a jury returned a verdict in favor of a plaintiff in a wrongful death action against a defendant cigarette manufacturer, the verdict should be upheld because the punitive damages award, remitted by the trial judge from $1 billion to slightly more than $56 million, was within constitutionally permissible bounds.
Punitive damages in cigarette case upheld by SJC
The Supreme Judicial Court has affirmed an award of more than $56 million in punitive damages in a wrongful death action against a cigarette manufacturer.
Verdicts supercharge plaintiffs’ hopes in social media addiction cases
Jury verdicts against Meta and YouTube over social media addiction claims may fuel nationwide lawsuits alleging harm to children and teens.
Products liability – ‘One-Chip Challenge’
Where a wrongful death action has been brought involving the “One-Chip Challenge,” the plaintiff has alleged sufficient facts as to her theory of defective design but has failed to allege sufficient facts as to her manufacturing defect theory.
Products liability – Class-action waiver – Unconscionability
Where (1) putative class actions have been brought by plaintiffs alleging defects in the transmissions of certain vehicles and (2) the defendant manufacturer has moved to deny class certification based on a class-action waiver contained in each “New Vehicle Limited Warranty,” the motion should be denied without prejudice because it is premature to decide whether the waiver is unconscionable.
Appeals Court reinstates 93A claim against tobacco company
Massachusetts Appeals Court rules Chapter 93A claims don’t require fraud liability, reviving a tobacco wrongful death lawsuit against Philip Morris.
Products liability – Preemption – Medical device
Where a plaintiff has brought a product liability action asserting personal injury claims against the designers, manufacturers and sellers of a medical device that failed during her hysterectomy surgery, a motion to dismiss should be denied because the plaintiff’s claims are not preempted despite the defendants’ contention that only the FDA can enforce violations of the Food and Drug Cosmetic [...]
Lawsuit says Google’s Gemini AI chatbot drove man to suicide
Google faces a lawsuit after a Florida man’s family alleges its Gemini AI chatbot caused his paranoia and suicide. The complaint claims emotional manipulation by the AI.
Lawsuit seeks compensation for deaths of Revere women at Belize resort
Families sue Royal Kahal Beach Resort and Navien over carbon monoxide deaths of three Revere women in Belize, alleging product defects and negligence.
1st Circuit revives design suit over worker’s ‘horrific’ crush injury
The 1st Circuit revived negligent design and warranty claims in a fatal laser-cutting system accident, citing disputed evidence over safety mats and E-stop features.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
