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News
Top Headlines
[05/14]
Merck says appeals court overturns verdict in Vioxx case
[05/14]
Doctors told to check up on heart device patients
[05/14]
Broadcom co-founders charged in stock options probe
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Personal Injury
[05/14]
Ex-Marine to pay $11K in recruiting sex case
[05/14]
Merck says appeals court overturns verdict in Vioxx verdict
[05/14]
Quaid testifies of peril to newborn twins
More...
Product Liability
[05/14]
Doctors told to check up on heart device patients
[05/14]
More Americans are taking prescription medications
[05/14]
Merck says appeals court overturns verdict in Vioxx case
More...
Consumer Products
[05/14]
Spring Is Tune-Up Time for Lawn Mowers
[05/14]
Lennox International Declares Dividend
[05/14]
LG and Samsung Join Forces to Develop and Promote North American Mobile Digital TV Standard
More...
NHTSA Recalls
[0/0]
More Americans Buckle Up and Wear Their Helmets In 2007
[05/02]
Nations Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer
[04/04]
NHTSA Presents Awards for Safety Achievements and Public Service
More...
FDA Recalls
[0/0]
FDA News Release
[02/08]
Firm Recall/State Recall
[01/08]
Shiloh Farms Recalls "Shiloh Farms Organic Unhulled Sesame Seeds" Because of Possible Health Risk
More...
FSIS Recalls
[04/09]
Kansas Firm Recalls Ground Beef For Possiblesi E. colis/i O157:H7
[04/02]
Illinois Firm Recalls Deli Meat And Cheese Trays For Possiblesi Listeria /isContamination
[04/09]
Massachusetts Firm Recalls Meatballs That May Contain Pieces Of Hard Plastic
More...
Health Care
[05/14]
DC Council Delivers Victory for Kids and Taxpayers by Doubling the Cigarette Tax to $2 per Pack
[05/14]
Memory Pharmaceuticals Reports First Quarter 2008 Financial Results
[05/14]
Personalized Plates for Picky Palates: Moms can Satisfy all With One Recipe, Four Ways
More...
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Case Summaries
Injury & Tort Law
[05/14]
Lockett v. Suardini
In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.
[05/13]
Beazer E., Inc. v. Mead Corp.
In an on-going contribution claim against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), wherein the district court denied defendant's motion to dismiss for failure to state a claim and certified the question of whether certain caselaw precedent limited subject-matter jurisdiction over plaintiff's contribution claims under section 113(f)(1), the circuit court finds that: 1) the "civil action" requirement in section 113(f) is an element of the claim, and is not jurisdictional; 2) the district court retained its original jurisdiction to adjudicate the issues in this case; and 3) defendant waived its challenge to the applicability of section 113(f)(1).
[05/13]
Price v. Connolly-Pac. Co.
In an action brought by a "commuter seaman" claiming entitlement to "maintenance and cure" from his employer under maritime laws after he allegedly contracted West Nile encephalitis while working on a ship, judgment for employer is affirmed over claims that: 1) under the Shipowner's Liability Convention of 1936, a seaman only needs to prove that an illness incurred, aggravated or manifested itself during the period of employment instead of while in the service of a vessel; and 2) even if a commuter seaman is not on call or engaged in an activity generally considered in the service of a vessel, maintenance and cure is required if an illness is contracted while the seaman is participating in an on-shore activity which benefits the employer.
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Class Actions
[05/13]
Bufil v. Dollar Fin. Group, Inc.
In a purported class action against an employer alleging violation of meal and rest break labor laws, a judgment entered in favor of employer along with a denial of plaintiff's motion for class certification are reversed where the trial court erred in: 1) concluding that issue preclusion principles should bar plaintiff's request for class certification under applicable precedents; and 2) finding that individual issues predominated over common issues, class members were unascertainable, and a class action was not the superior method for resolving the litigation.
[05/13]
Estate of Pew v. Cardarelli
In an appeal primarily addressing whether a claim fell within the exception to the Class Action Fairness Act's ("CAFA") grant of original and appellate jurisdiction for class actions which solely involve claims concerning certain rights and duties related to any security, the circuit court: 1) rules that the suit at hand does not fall within such exception to CAFA jurisdiction, and thus it has authority to accept an appeal from a remand order; 2) grants defendant's petition for leave to appeal; and 3) reverses the district court's remand order on the merits.
[05/02]
Savedoff v. Access Group, Inc.
In a class action raising breach of contract claims, partial summary judgment for plaintiff on the issue of liability on such claims is affirmed in part and reversed in part, and remanded where: 1) the language of the contract did not limit defendant's collection of additional interest to a borrower's final monthly payment at the end of the loan term; 2) the language of the contract did not prohibit defendant from collecting additional interest from borrower's regular monthly payments; and 3) the contract was silent as to the application of borrower's monthly payments to the additional interest before applying them to reduce the principal balance.
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Consumer Products
[04/25]
Parish Oil Co., Inc. v. Dillon Cos., Inc.
Under a now-amended Colorado unfair competition statute, a grocery store may sell gasoline below cost if such sales are conditioned on the purchase of enough groceries above cost that the entire series of transactions comes in at a profit. Consequently, a judgment in favor of competitors challenging such a practice is reversed.
[04/21]
Williams v. Gerber Prods. Co.
In a class action alleging deceptive marketing of a food product for toddlers, dismissal of the suit is reversed where: 1) deficiencies in appellants' opening brief do not warrant dismissal since the claim has merit; 2) appellants have stated a claim and could plausibly prove that a reasonable consumer would be deceived by the product's packaging; and 3) the district court erred in concluding, without considering any evidence beyond the packaging itself, that appellants' complaint failed to state a viable claim.
[04/21]
Chavez v. Netflix, Inc.
In an action against Netflix alleging that its advertised practices of sending customers "unlimited" DVD rentals with "1 Day Delivery" for a flat monthly rate were false wherein Netflix agreed to settle the class action before the class was certified, approval of the settlement and award of attorney fees are affirmed over claims that the trial court abused its discretion in: 1) denying a motion for leave to intervene, 2) approving a settlement agreement which failed to promote the purpose of class litigation; 3) affording a deficient notice to class members; and 4) determining the amount of fees awarded to class counsel.
More...
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Swartz & Swartz - Dedicated Trial Lawyers
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Boston, Massachusetts 02108
Call Toll-Free: 1-800-545-3732 or in Boston: (617) 742-1900
From our Boston, Massachusetts, law office, the personal injury lawyers and trial attorneys at Swartz & Swartz protect the rights of people throughout Massachusetts, New England and the United States. We represent clients in Suffolk County, Middlesex County, Norfolk County, Worcester County, and other counties in MA, and the communities of Boston and surrounding areas, including Cambridge, Somerville, Chelsea, Brookline, Medford, Malden, Revere, Arlington, Dedham, Watertown, Newton, Waltham, Woburn, Quincy, Lynn, Framingham, Chelmsford, and Lowell.
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