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Of interest to class action lawyers is the case of Campbell-Ewald Company v. Gomez currently pending before the United States Supreme Court. The issues presented are: whether a case becomes moot when the plaintiff receives an offer of complete relief on his or her claim; whether the answer to the first question is different if the case is a putative…

On October 15th Volkswagen announced it would recall 8.5 million cars across the European Union. This came as a result of an order from German regulators in the KBA. Globally the company could be required to recall 11 million vehicles, which some analysts have estimated could cost Volkswagen $40 billion. The company has until the end of November in Germany…

The FDA said certain lab-developed tests (LDTs) may be producing erroneous results. LDTs are produced and performed in a single hospital and do not utilize standard diagnostic equipment. LDTs can involve prenatal tests, ovarian cancer, whooping cough and human papillomavirus. William Riley, of Riley Williams Law Group, LLC, stated, “It is important for the FDA to step in and regulate…

Workplace injuries are inevitable and while preventable, occur frequently, especially in industries where the workforce performs manual labor. Industries or jobs requiring employees to operate heavy machinery or equipment pose a greater risk to employee safety. Equipment failure, negligence and faulty infrastructure are some of the common factors causing on injuries on the job. While this is so, a workplace…

It appears that decision makers in the National Highway Traffic Safety Administration (NHTSA) may be on the verge of requiring expedited recalls for car makers and suppliers impacted by the rupture prone Takata air bag. As a spokesperson for NHTSA stated, “We will use every tool available to protect public safety.” The Takata airbags have been linked to eight deaths…

The National Cancer Institute has placed women in the age group of 55-64 at the highest risk of contracting breast cancer. The percentage of new breast cancer cases by age for the years 2008-2012 was 25.6% The next highest age groups were 65-74 at 21.9% and 45-54 at 21.6% . Annual screenings can cut the risk of death by 15%…

Corporate America has a new shield: forced arbitration. Most every time you buy a cell phone, subscribe to a cable television service, or place a loved one in a nursing home, corporate America is requiring you to give up your rights. Buried in each of these contracts is often found a forced arbitration clause and a waiver of your right…

The Journal of the American Medical Association (JAMA) today published revised breast cancer screening criteria of the American Cancer Society. The updated guidelines recommend annual breast cancer screenings at age 45 instead of 40 and switching to every other year at age 55. The article makes it clear this is not a blanket recommendation. Medical malpractice attorneys at Riley Williams…

Courts don’t want to put impediments in the way of witness testimony. But Indiana’s courts also do not want to interfere with the at-will employment doctrine. This case is about the places where these priorities conflict. Perkins was employed by Memorial Hospital as a police officer in the hospital police department. He was an at-will employee. One of Perkins’ former…

We represent different clients for lots of reasons, and we would like to be paid for those efforts in most cases. Sometimes, that payment can come from the opposing party. But be warned—you have an independent right to seek those fees from the opposing party. Mother and Father had two children, and Father sought to have his paternity established. Father…