Injury

One Lawsuit Dismissed, Another Allowed to Proceed in Case of HIV-positive Surgical Tech Who Stole Syringes

Judges have issued competing rulings over the validity of lawsuits filed by patients who fear they may have been infected by a former surgical technologist at Swedish Medical Center who stole painkiller syringes while he was HIV positive. Denver District Court Judge Jay Grant on Thursday dismissed one of the lawsuits because free blood tests offered by Swedish had not found infections among …


Yahoo Urges Judge to Throw Out Robo-Texting Class-Action

Earlier this year, federal judge in Illinois ruled that Yahoo must face a class-action lawsuit for allegedly sending unsolicited SMS messages to some Sprint customers. Yahoo is now asking U.S. District Court Judge Manish Shah to rethink that ruling in light of the Supreme Court’s recent decision in a lawsuit brought by a consumer against the online data broker Spokeo. The battle centers on a …


How to Defeat the Repeat Consumer Class Action Plaintiff

Airlines have frequent flyer programs, restaurants and coffee shops have customer loyalty programs, and plaintiff’s class action firms have repeat class action plaintiffs. These frequent class plaintiffs are either unlucky or they go looking for trouble. See Beyond Systems, Inc. v. Kraft Foods, Inc., 777 F.3d 712, 714 (2015) (noting that email spam litigation accounted for 90% of plaintiff’s …


Personal Injury Class Actions for NFL Concussions Now Possible

A ruling by the 3rd U.S. Circuit Court of Appeals has opened up the door for personal injury cases involving NFL concussions to now be tried as class action lawsuits. The reason why this is such a big deal is that the U.S. Supreme Court’s landmark 1997 decision in Amchem v. Windsor and its 1999 followup, Ortiz v. Fibreboard, made the use of class actions to settle large swaths of personal…


Black Saturday Distributions Could Start by End of Year

Black Saturday settlement distributions could start by end of year People claiming person injury or dependency may receive about 70 per cent of their loss while those claiming economic or property loss will receive about 30 per cent, a ruling by the Victorian Supreme Court said.File image Distributions from the $494 million class action settlement over the 2009 Black Saturday bushfires in…