By Jeffrey V. Mehalic on Posted in AppealsA. T. Massey Coal Company filed its merits brief yesterday, which leaves only the filing of amicus briefs in support of Massey’s position, which are due by next Wednesday, February 4.
It doesn’t seem likely that Massey will attract as many amici as the plaintiffs did, which I provided in Continue Reading
By Jeffrey V. Mehalic on Posted in AppealsIn an eagerly awaited decision, the Supreme Court of the United States today granted the petition for a writ of certiorari filed by Hugh Caperton and Harman Mining from the Supreme Court of Appeals of West Virginia’s reversal of a $50 million verdict in their favor. Here is the Continue Reading
By Jeffrey V. Mehalic on Posted in AppealsThe Supreme Court of the United States heard arguments yesterday in Wyeth v. Levine, No. 06-1249, which again presents the issue of federal preemption, this time in the context of state law claims resulting from allegedly defective pharmaceutical packaging.
Wyeth has generated an enormous amount of discussion and analysis. Here is
By Jeffrey V. Mehalic on Posted in Appeals I had intended to write this post a few weeks ago, and because the issues have been back in the news recently, I have another chance to discuss them.
Last year, a Harrison County, West Virginia jury returned a verdict for $196.2 million in punitive damages against DuPont in a
By Jeffrey V. Mehalic on Posted in Appeals Last week, the Supreme Court of Appeals of West Virginia rejected appeals in two widely-publicized cases. In Estate of Garrison G. Tawney v. Columbia Natural Resources, LLC, No. 080482, Columbia and NiSource, Inc. appealed the jury’s verdict of $404,335,138, which included punitive damages of $ 270 million. Here is
By Jeffrey V. Mehalic on Posted in AppealsIn an order entered today, the Supreme Court of the United States rejected a request by tobacco companies to get involved in a mass tort action pending in the Circuit Court of Ohio County, West Virginia. Philip Morris USA, Inc. v. Accord, No. 07-860.
The tobacco companies had