Hi there, it's cold and damp and the wind is really picking up (and that's just inside the bunker!).
Let's get right to it:
Union Carbide v. Aubin:
Judge Farina $6.6 million jury verdict in asbestos case handled by Jim Ferraro overturned:
Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed verdict as to Aubin’s design defect claim. In addition, because the jury instructions given by the trial court were inconsistent with the law in the Third District and in effect directed the verdict in favor of Aubin, we reverse and remand for a new trial as to the warning defect claim consistent with this opinion.Interesting -- even though the plaintiff's requested special instruction was "technically accurate," the Court found it "misleading" without supplemental explanation.
Bert v. Bermudez:
Yet another opinion in the Lewis Tein/Miccosukee Tribe dispute ongoing in Judge Dresnick's courtroom, this time finding no basis to disqualify the judge.
Interesting that Judge Shepherd concurred in result only.
I've said this before -- these guys need to bring in outside counsel to handle this kind of stuff on their behalf.
(BTW, I'm available!)