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BT Product Liability - News and Trends in Product Liability Litigation
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20 Jun 2017 High Court Limits Litigation Forum Shopping

  Product liability legal practitioners have been anticipating the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. – (June 19, 2017). Announced on Monday, the 8-1 decision did not disappoint, firmly curtailing the ability of out-of-state residents to forum shop for a favorable jurisdiction in mass tort litigation. In the decision, the Court held that continuous activity in a state, alone, does not create jurisdiction; instead, there must be a link between the forum and an individual lawsuit…

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18 Jan 2017 Limiting Damages Through Evidence of Medical Write-downs

  What a medical provider lists as the charge for a particular service often bears no relationship to the actual amount paid by the patient or his insurer. Both private and government insurers negotiate with the medical providers to pay less than the “listed charge” for services, resulting in medical “write-downs” of expenses. Can a tort victim recover the listed charge as damages, or should the plaintiff be limited to recovering only those amounts actually paid? Both courts and state legislatures have taken up the…

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