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November 11, 2021

Can a Sexual Assault Victim File a Civil Lawsuit?

Sexual assault or sexual abuse victims can bring a personal injury lawsuit in civil court against the perpetrator. Sexual assault lawsuits can also be brought against third parties such as schools, employers, churches, etc., if their negligence allowed the assault or abuse to occur. In this post we will explain how civil lawsuits for sexual assault work and how the differ from criminal proceedings.

Civil Lawsuits and Damages for Sexual Assault

Sexual assault or abuse is a serious crime and perpetrators can face criminal charges and potentially go to prison or face alternative criminal sanctions. Unfortunately, assault victims do receive any type of restitution in criminal proceedings against the offender. Sexual assault victims can get financial compensation (damages) for the assault by filing a civil lawsuit against the perpetrator or responsible third parties.

October 25, 2021

Belviq Cancer Lawsuit to Continue

by Ronald V. Miller, Jr.

Belviq lawsuits have been filed after the Belviq recall last year in response to fears it may cause cancer.

The defendants in the Belviq lawsuits, Arena Pharmaceuticals and Eisai, Inc., have recently filed motions to dismiss in many of these cases.

Last week we saw the first ruling in one of these motions to dismiss. Although the judge dismissed some of the plaintiff’s claims in the case, he declined to dismiss the lawsuits outright. Plaintiff’s most significant tort claims were untouched.

October 22, 2021

NEC Formula Lawsuit Attorney Sanctions

by Ronald V. Miller, Jr.

Lawyers are now jumping on NEC lawsuits that alleged baby formulas made from cow milk, such as Enfamil and Similac, pose a danger to premature infants because they greatly increase the risk of a dangerous infection called necrotizing enterocolitis (NEC). Our attorneys are going after these potential lawsuits as well because we think they might produce large settlements and verdicts.

Over the last 12 months, numerous product liability lawsuits have been filed against the manufacturer of Similac (Abbott Laboratories, Inc.) and the maker of Enfamil (Mead Johnson Nutrition). These NEC formula lawsuits accuse the defendants of deliberately failing to warn about the risk of NEC.

Mass tort historians, if such a thing exists, will tell you that first cases filed in an eventually successful mass tort end in disaster. One of the first infant formula NEC lawsuits was Ferry v. Mead Johnson & Co., et al. (3:20-cv-00099) which was filed in Connecticut state court and removed to the U.S. District Court for Connecticut because of diversity jurisdiction.