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David McCormack

David McCormack’s Legal Guides

21 total

  • Jury Finds for Toyota in Unintended Acceleration Trial

    After a nine week trial and six days of deliberations, a jury in Los Angeles Superior Court entered a verdict in favor of the defendant Toyota in the nation's second unintended acceleration case to go to trial. The product liability case resulted from a 2009 car accident in which...

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  • Limousine Liability in Massachusetts

    Recently, a fire on a limousine in California ended in tragedy and the death of five co-workers who were not able to escape from the vehicle. Witnesses reported seeing a blast of fire from the rear of the vehicle and the vehicle quickly became engulfed in flames. Authorities cont...

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  • Judicial Panel Creates MultiDistrict Litigation for Stryker Rejuvenate and ABG II Hip Implants

    After the filing of many lawsuits resulting for the FDA's recall of Stryker Rejuvenate and ABG II modular-neck hip replacement systems, a federal judicial panel created a consolidated docket for all Stryker cases. The June 12, 2013 order from the Judicial Panel of MultiDistrict L...

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  • The Multi-District Litigation Process for Stryker Rejuvenate and ABG II Hip Implants

    Under federal law, a federal judiciary panel is empowered to create a Multi-District Litigation ("MDL") in situations where there are many lawsuits pending in the federal district courts that involve issues of "common fact". MDLs are typically created in situations, such as the p...

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  • E-Mails Reveal that Transvaginal Mesh Manufacturer Knew Plastic in Mesh Was Unfit for Use in Humans

    E-mails uncovered during the discovery process in the transvaginal mesh Multi-District Litigation in West Virginia reveal that executives at a subsidiary of CR Bard, Inc. knew that a plastic used in its transvaginal mesh product was unfit to use in humans due to the risk of erosi...

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  • Massachusetts Driver Charged With Driver Fatigue After Causing Injury and Death

    A Massachusetts woman who killed a 20 year old and injured his brother back in September was recently charged with "driver fatigue". She was driving in the right-hand travel lane on Boston Street in Lynn when she spotted two people facing each other and standing in the road. Alth...

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  • Changes to the Massachusetts False Claims Act that Affect Whistleblower Lawsuits

    As we previously informed you, Massachusetts has a False Claims Act that provides financial incentive for whistleblowers to come forward and report corporate abuse or fraud against the Commonwealth. Since that time, Massachusetts has amended its False Claims Act (M.G.L., c. 12, 5...

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  • Jury Awards an Additional $7.75 Million in Punitive Damages in Transvaginal Mesh Case against Johnson & Johnson/Ethicon

    As reported in a recent blog, a New Jersey jury awarded a South Dakota woman $3.35 million for her claims against Johnson Johnson/Ethicon. The plaintiff claimed significant damages, including 18 revision surgeries, as a result of having Johnson Johnson/Ethicon's defective and r...

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  • DePuy Recalls More Metal-on-Metal Artificial Hips

    Nearly two-and-a-half years after it recalled its defective ASR artificial hip system, DePuy's parent company Johnson Johnson has recalled its "Adept" brand metal-on-metal hip replacement system. DePuy recalled these artificial hips for almost identical reasons as were given whe...

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  • The Take Justice Back Movement

    The Take Justice Back movement was started in response to the now decades long fight against plaintiffs' rights in the civil justice system, including Draconian tort reform measures, advertising and marketing campaigns that vilify tort cases and contracts and terms of use that re...

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