Wednesday, December 16, 2009

3d DCA Watch -- Zager And Evans v. Du Pont Edition



I think it was in 1889 that Du Pont first pulled the fungicide Benlate off the market, leading to lots of claims and lots of headlines and lots and lots of South Florida lawsuits.

Well the bunker is still churning out Benlate opinions, and the Resplendently Robed Ones have today handed a solid rebuke to Judge Donner, who gets to do it all over again, and again, and again, and so on.

By this rate I'm pretty sure all Benlate litigation will conclude sometime in 2525, and you know I'm kinda wondering if Man will still be alive. He's taken everything this old Earth can give, and he ain't put back nothing, whoa-whoa...

Oops, sorry.

Here's the key holding:
We first [consider] Du Pont’s consolidation issue raised on cross-appeal. Du Pont argues that the trial court abused its discretion in consolidating the individual claims brought by the twenty-seven plaintiffs against Du Pont. We agree with Du Pont that the trial court erred when it consolidated the individual claims brought by the twenty-seven plaintiffs against Du Pont. Therefore, we reverse and remand for new, separate trials.
The Court also held that evidence of past settlements was improperly introduced, as were testimony by other growers who allegedly had substantially similar claims. Finally, the Court concluded that the new theory of liability presented at trial was not adequately covered by the general pleadings in the complaint.

Now it's been 10,000 years, Man has cried a billion tears, For what, he never knew. Now man's reign is through. But through eternal night, The twinkling of starlight. So very far away, Maybe it's only yesterday.....

8 comments:

  1. great tune. corporate greed strikes again.

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  2. Wow, across the board reversal.

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  3. Judge Donner will outlive these cases. She will be here in 2525.

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  4. Who is the new federal judge?

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  5. The real problem for the plaintiffs is not going back for 27 separate trials, it's having to proceed without that new, microbacterial theory of liability. That's what helped them to prevail at trial.

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  6. Tom Sherouse is vindicated again!

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  7. twbqidwqasq, Xrumer blogs , rDlQxla.

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