CVN's Top 10 Most Impressive Defense Verdicts of 2017 – CVN News (blog)


Top_10.jpgAfter that includes Courtroom View Network’s top 10 most impressive plaintiff verdicts of 2017, it’s time to take a look at final yr’s protection verdicts!

CVN webcast trials ending in some of the highest protection verdicts in 2017, many that includes excessive-profile company shoppers and heavyweight protection companies from everywhere in the nation. We additionally launched our thrilling new “CVN Essentials” product, providing specifically curated content material like our fashionable “Trial in 20 Minutes” video summaries. 

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These are our picks for probably the most spectacular protection verdicts CVN coated in 2017. We didn’t rank these simply by the quantity of cash at stake, but in addition thought-about the information of the case, the events concerned, and the potential broader impression of the decision.

Want to see the complete trial? You can get entry to excessive-high quality, gavel-to-gavel video of a ALL of these trials and lots of extra in CVN’s one-of-a-sort trial video archive by becoming a CVN subscriber.

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#1: Tina Herford v. Johnson & Johnson, et al. 

Defense victory within the first J&J talc/mesothelioma lawsuit to go to trial

Defense attorneys: For J&J – Sharla Frost (Tucker Ellis LLP), Alexander Calfo (King & Spalding LLP), Mortin Dubin, pictured (Orrick Herrington & Sutcliffe LLP). For Imerys Talc America – Todd Benoff, Peter Masaitis (Alston & Bird LLP)

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Link to video of the trial:

https://cvn.com/proceedings/herford-v-att-corp-et-al-trial-2017-10-02

Why it made the listing:

Topping CVN’s record of most spectacular protection verdicts of 2017 is a key win by J&J and their talc provider Imerys on the first lawsuit within the nation to go to trial over claims that J&J’s talc merchandise include asbestos and trigger mesothelioma.

The first ovarian cancer talc trials towards J&J in 2016 led to plaintiff verdicts that made nationwide headlines and helped spur hundreds of further fits. While J&J and Imerys face further mesothelioma-related talc claims (together with one set for trial in New Jersey this month), a clear protection verdict proper out of the gates is a big first salvo.

Defense attorneys argued that plaintiff Tina Herford’s mesothelioma was the outcome of chemotherapy she acquired to deal with breast cancer, and that the supposed proof of talc in J&J’s merchandise was the end result of defective testing strategies.

Making the decision much more spectacular was the plaintiff being represented by Chris Panatier, an asbestos attorney with a nationwide follow who had already demonstrated the power to safe giant verdicts in different talc trials.

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#2: Nora Daniels v. Johnson & Johnson, et al.

1st protection win for J&J at an ovarian cancer talc trial in St. Louis

Defense attorneys: For J&J – Bart Williams (pictured), Manuel Cachan (Proskauer Rose LLP), Kimberly Dunne (Sidley Austin LLP). For Imerys – Nancy Erfle, Ann Field, Michael Klatt (Gordon Rees Scully Mansukhani LLP)

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Link to video of the trial:

https://cvn.com/proceedings/valerie-swann-v-johnson-johnson-et-al-trial-2017-01-30

Why it made the listing:

By the time this case went to trial, juries in Missouri had returned three consecutive, multi-million plaintiff verdicts within the three earlier ovarian cancer talc trials that befell in St. Louis. Each verdict drew nationwide headlines, and at every trial J&J made modifications to their trial groups, hoping to crack the code for a protection win in a jurisdiction recognized for delivering giant plaintiff verdicts.

It seems the fourth time was the allure. Bart Williams, a trial heavyweight out of Proskauer Rose’s Los Angeles workplace, led a workforce that secured J&J’s first (and thus far solely) protection verdict within the sprawling ovarian cancer talc litigation.

During cross-examination and his closing argument, Williams went after the credibility of the science linking talc to ovarian cancer relentlessly, whereas additionally driving house the purpose that quite a few watchdog teams and regulatory businesses have stated talc doesn’t want a cancer warning label.

Williams confronted off towards the identical plaintiff staff that landed the earlier verdicts, and J&J subsequently turned to Williams for the corporate’s first ovarian talc trial in California. Although that case led to a $417 million jury verdict (and topped CVN’s record of most spectacular plaintiff verdicts for 2017), Williams did prevail on a movement for a brand new trial, and a rematch is probably going within the coming months.

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#three: Jolson v. Townsend Farms Inc., et al.

Costco and its suppliers prevail at solely trial linked to multi-state hepatitis outbreak

Defense attorneys: Eric Kuwana, pictured (Katten Muchin Rosenman LLP), Damien Martinez (LTL Attorneys LLP)

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Link to video of the trial:

https://cvn.com/proceedings/townsend-farms-organic-anti-oxidant-blend-cases-trial-2017-10-04

Why it made the listing:

In October a California state courtroom jury cleared Costco and different corporations of any legal responsibility for the dying of an 89-year-previous lady whose youngsters sought $18 million after she allegedly contracted hepatitis A from consuming a frozen berry mix they claimed bought from the shop.

The jury returned a unanimous 12-Zero verdict on October 26 in favor of Costco, berry mix maker Townsend Farms Inc., fruit brokers Purely Pomegranate Inc. and different suppliers after deliberating for lower than a day following a 10-day trial. Costco argued that there was no proof Virginia Jolson truly bought the berry mix in query from the majority grocery retailer.

Jolson’s six grownup youngsters claimed that she died in 2013 because of consuming Townsend Farms Organic Anti-Oxidant Blend, which their lawsuit alleged contained tainted pomegranate seeds, referred to as arils, that have been initially offered by Turkish pomegranate grower Goknur.

The CDC ultimately linked 165 instances of hepatitis A to the contaminated mix, together with 80 in California, nevertheless Costco argued that Jolson contracted a special type of hepatitis than the one related to the outbreak. A quantity of lawsuits stemming from the outbreak have been consolidated in California state courtroom and a federal class motion, and Jolson’s case was the primary and just one to go to trial.

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#four: Call v. Subaru

Design of SUV’s gasoline line discovered to not be the trigger for deadly hearth following head-on collision

Defense attorneys: Christopher Spencer, Adam Lounsbury (Spencer Shuford LLP), Philip Combs (Thomas Combs & Spann PLLC)

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Link to video of the trial:

https://cvn.com/proceedings/call-et-al-v-subaru-trial-2017-01-23

Why it made the listing:

A West Virginia state courtroom jury decided final February that Subaru was not liable for the deaths of three passengers who died in a fireplace after their 1999 Forester sport utility car was struck in a head-on collision.

The proceedings took on a decidedly palms-on really feel when attorneys started analyzing the entrance part of a Subaru Forester that had been reduce off and transported to the tight confines of Judge Jennifer Bailey’s fourth flooring courtroom. A blue tarp coated the unusually giant exhibit for many of the trial. 

Kanawha County jurors returned their verdict on February 2 following almost two weeks of testimony. The households of Carole Lynn Crawford, 46, her daughter Meaghan McGuire Crawford, 16 and household pal Kelsey Rebecca Kuhn, 15, filed a product legal responsibility lawsuit towards the automotive producer in 2011 claiming the allegedly faulty design of the Subaru Forester contributed to their relative’s deaths.

The mom and two youngsters died in 2009 when a Ford Explorer crossed the middle line and struck their Forester head-on. The plaintiffs argued that the route of a key gasoline line created an pointless danger of an explosion within the occasion of a collision, nevertheless Subaru’s attorneys efficiently argued that different combustable fluids flowed onto exhaust parts after the impression ripped away different elements of the engine.

The victims burning to demise might have resulted in a considerable ache and struggling award, as we saw at a similar trial in 2015, however a Virginia-based trial group lead by attorneys from Spencer Shuford LLP secured a clear protection verdict.

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#5: Veitch Investments LLC v. NCL Corp.

Former CEO of Norwegian Cruise Lines defeats predecessor’s $90 million defamation lawsuit

Defense attorneys: Sanford Bohrer (pictured), Israel Encinosa (Holland & Knight)

Bohrer closing.jpg

Link to video of the trial:

https://cvn.com/proceedings/veitch-investments-llc-v-ncl-corp-ltd-trial-2017-12-04

Why it it made the listing:

A Florida state courtroom jury cleared Norwegian Cruise Line and former CEO Kevin Sheehan final December in a $90 million defamation and breach of contract lawsuit filed by Sheehan’s predecessor, Colin Veitch, who claimed a crucial e-mail from Sheehan to a journey journal broken his fame.

Jurors deliberated for simply over half a day after listening to every week of argument and testimony in a trial that was the end result of a longstanding and bitter feud between Sheehan and Veitch. Veitch ran Norwegian from 2000 till 2008, when Sheehan took over as chief till 2015. In addition to his defamation declare towards Sheehan, Veitch additionally accused Norwegian of failing to honor a revenue-sharing settlement.

Veitch’s attorney Jeff Gutchess of AXS Law Group requested jurors to award $90 million throughout his closing argument, however Sheehan and NCL, each represented by Sanford Bohrer of Holland & Knight, efficiently argued that Veitch suffered no precise damages ensuing from Sheehan’s e-mail to Travel Weekly, and that Norwegian honored their revenue-sharing association with Veitch as written.

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#6: Durrance v. R.J. Reynolds

RJR prevails towards plaintiff attorney who gained largest Engle verdict of 2017

Defense attorneys: Kevin Boyce (Jones Day)

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Link to video of the trial:

https://cvn.com/proceedings/durrance-v-rj-reynolds-trial-2017-01-23

R.J. Reynolds prevailed in a go well with by the household of a Florida lady who died from respiratory illness after smoking for 60 years, as jurors declared the declare time barred.

The 10th Circuit Court jury deliberated for lower than 4 hours earlier than concluding that Totsie Fleming knew or ought to have recognized she had continual obstructive pulmonary illness, or COPD, on or earlier than May 5, 1990, the statute of limitations’ cutoff date in a category motion by Florida people who smoke towards the nation’s tobacco corporations.

Fleming, 77, who labored for years because the secretary to the Avon Park, Florida Chief of Police, died in 2009 of smoking-associated COPD. Her household claims R.J. Reynolds, makers of the Winston cigarettes Fleming smoked, triggered her demise by hiding the risks and addictiveness of their product all through a lot of the 20th century.

Gordon & Doner’s Gary Paige, representing Fleming’s household, had requested $6 million in compensatory damages, or $1.5 million for every of Fleming’s 4 youngsters, plus a discovering punitives have been warranted throughout closing arguments.

Paige secured the most important CVN-coated Engle verdicts in 2016 and 2017.

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#7: Powell v. BNSF Railway Company, et al.

BNSF, City of San Diego cleared after deadly motorbike crash close to practice tracks

Defense attorneys: Anthony Sonnett (pictured), James Brooks (Lewis Brisbois Bisgaard & Smith LLP), Jane Boardman (City of San Diego)

Sonnett closings.jpg

Link to video of the trial:

https://cvn.com/proceedings/estate-of-jamie-scott-powell-et-al-v-bnsf-railway-co-trial-2017-04-28

Why it made the listing:

A California state courtroom jury rejected claims from the household of a deceased U.S. Navy sailor that potholes and allegedly unsafe railroad tracks triggered him to fly off his motorbike and into oncoming visitors.

Jurors deliberated for 30 minutes following a two-week trial earlier than figuring out on August 7 that the City of San Diego and BNSF Railway Co. bear no duty for the 2014 demise of Jamie Scott Powell, who died on the age of 23.

His household sought $5.four million in damages, however attorneys for the town and BNSF efficiently argued the accident was brought on by Powell driving an unsafe motorbike at excessive speeds, and that the tracks met the inspection necessities of state and federal businesses.

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#eight: Llera v. Ford Motor Company

Ford cleared at trial over airbag deployment in lethal crash

Defense attorneys: Wendy Lumish, Alina Alonso Rodriguez (Bowman & Brooke), Francis McDonald, Sarah Long, Courtney King (McDonald Toole Wiggins)

Link to video of the trial:

https://cvn.com/proceedings/llera-v-ford-motor-co-trial-2017-07-10

Why it made the record:

Anthony Llera died after he struck a tree and flipped the 2003 Ford Mustang he was driving. The crash, on Palm Beach Lakes Boulevard, in West Palm Beach, additionally killed one passenger and injured two others.

Blood exams discovered Llera, who had allegedly been consuming earlier than the accident, was legally intoxicated.

However, Llera’s father Ramon, claims the crash was brought on by faulty airbags within the automotive that deployed inappropriately when Llera’s tire hit a curb, inflicting him to veer out of management, hitting the tree.

However, the protection contended Llera was drunk, driving recklessly, and the airbags deployed solely after a critical collision with a median.

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#9: Graham v. Hendrix

Jailhouse doctor cleared in $29.7 million medial malpractice case

Defense attorneys: W. Curtis Anderson (Downey & Cleveland)

Link to video of the trial:

https://cvn.com/proceedings/graham-v-hendrix-et-al-trial-2017-06-12

Why it made the listing:

Cobb County State Court jurors deliberated for lower than three hours earlier than concluding Dr. Clarence Hendrix, a doctor on the Cobb County Adult Detention Center, and David Howell, the administrator in cost of Wellstar Health Services’ contract to offer well being providers for the power, weren’t chargeable for the 2006 dying of Justin Graham. 

Graham, 25, died from liver failure a few month after a stint on the detention middle for a DUI arrest. During his incarceration, Graham was handled by Hendrix as half of Wellstar’s contract with the county’s sheriff’s division. After 19 days on the facility, Graham was transferred to a hospital the place he finally died. Graham’s household claims Hendrix did not correctly deal with Graham’s liver issues, which included inform-story signs of worsening jaundice and rising bilirubin counts.

The protection famous Wellstar was not liable for Graham’s jailhouse nursing care, and that Graham had drastically underreported his consuming historical past. Attorneys for the plaintiff had sought $29.7 million for Graham’s demise.

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#10: Quynn v. Hulsey, et al.

Driver & employer prevail at trial over demise of crosswalk pedestrian

Defense attorneys: Matthew Moffett, Jacquelyn Smith (Gray Rust St. Amand Moffett & Brieske)

Link to video of the trial:

https://cvn.com/proceedings/quynn-v-hulsey-et-al-trial-2017-11-13

Why it made the record:

A chemical firm and one of its staff have been cleared of legal responsibility for damages at trial final month over the dying of a pedestrian killed in a crosswalk collision.

Gwinnett County State Court jurors cut up duty for the deadly collision evenly between Brandon Lanier and Riley Hulsey, the driving force who fatally struck Lanier in a Tifton crosswalk in April 2014. Lanier, 31, had stepped into the crosswalk as Hulsey, working for soil fumigation firm TriEst Ag Group, started a proper-hand flip into the intersection.

Under Georgia regulation, the 50-50 apportionment of duty means the plaintiff just isn’t entitled to get well damages.

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Email David Siegel at dsiegel@cvn.com

 

 

 

 

 



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