West Virginia Lawmakers Introduce Reform Legislation Moving State Farther from Hellhole Status
The West Virginia legislature has taken strides this term to introduce multiple reform bills. If passed, these pieces of legislation will
Points of Light
Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring
A long smoldering class action that sought to make a cigarette maker pay for healthy smokers’ annual chest scans was finally snuffed out yesterday by a unanimous federal jury in Boston
Points of LightExposed But No Injury? Sue Now, Nevada.
In a New Year’s eve gift, the Nevada Supreme Court ruled that plaintiffs’ lawyers can bring lawsuits seeking medical monitoring costs on behalf of people who aren’t injured. The ruling, which is contrary to the trend in state courts, will allow individuals who may never develop an illness to bring massive class actions. Unlike courts that have allowed medical monitoring claims, but placed stringent requirements on plaintiffs to avoid speculative claims, the Nevada Supreme Court “decline[d] to identify specific factors that a plaintiff must demonstrate to establish entitlement to medical monitoring as a remedy.”
Judicial HellholesNew York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’
Not all news coming out of Judicial Hellholes is bad news, and a decision by the New York Court of Appeals, the state’s highest court, rejecting an equitable medical monitoring claim is very good news
Judicial Hellholes, Points of LightWisconsin Appeals Court Upholds Dismissal of Medical Monitoring Claim
A three-judge panel of Wisconsin’s District III Court of Appeals recently upheld a circuit court’s dismissal of a claim for medical monitoring damages
Points of Light