In another positive development for welding flame defendants, a
plaintiff in one of the Ohio multidistrict litigation cases recently dismissed his lawsuit, reportedly because he was not as disabled as he had first testified and because his attorneys allegedly refused to continuing representing him.
With that requirement eased, the jury rendered a verdict of more than $360,000 for the
plaintiff.
The new rules require a
plaintiff to obtain a written statement by an appropriate licensed professional certifying "that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work fell outside acceptable standards and that such conduct was a cause in bringing about the harm.
The
plaintiffs asserted section 10(b) and rule 10b-5 (of the Securities Exchange Act of 1934) claims against the firm based on Cygne's 1993 and 1994 financial statements.
Freland,(8) the
plaintiff asserted that the defendant police officer used deadly force in direct violation of the department's policy.
Kentucky and Indiana provide for apportioned liability among defendants based on a percentage of fault basis; they also allow for juries to consider the fault of companies that had previously settled with the
plaintiff.
Basically, the defendant (or its liability insurer) first gives the
plaintiff a promise to pay money in the future.
The
plaintiff claimed that equity and good conscience demand that
plaintiff, as the party who paid the taxes, is entitled to receive the tax refund.
The
plaintiffs argued that such claims do not begin to accrue until any litigation is completed and the IRS has issued an assessment of taxes.
