LAST EDITED ON Jul-08-11 AT 01:26PM (MST)[p]
it seems like reality doesn't really measure up to what hot coffee's main premise is. Maybe there is more to the story than just one trial lawyers take on the tort system. 10 of the 50 largest verdicts ever occured in 2010. How do you explain that? The rightwing must be sucking at stacking juries and killing off the little man because objective sources say the opposite of what Hot Coffee argue.
I know you don't care because anything protraying republicans as bad fits into your already highly warped view of the world. So the narrative in Hot Coffee feeds your delusions that one side is better than the other while facts argue the exact opposite. Perhaps you need to a take a media literacy class at a local center of higher learning so you can detect bias in the media.
Defective-Product Verdicts Against Companies Increase
By Margaret Cronin Fisk - Jan 18, 2011 3:33 PM MT .
Cybex International Inc. , a fitness equipment maker, lost a $66 million jury verdict in New York last month to an assistant physical therapist who was paralyzed.
Cybex International Inc., a fitness equipment maker, lost a $66 million jury verdict in New York last month to an assistant physical therapist who was paralyzed when an exercise machine fell on her at work.
For Cybex, whose chief operating officer said he has no idea what the company did wrong, timing may have played a role. The state court jury?s Dec. 7 decision in Buffalo illustrates the most prominent trend in U.S. court verdicts in 2010: a surge in awards against companies accused of putting defective products on the market.
The stalled economy and a surfeit of negative corporate news, such as the BP Plc oil spill, sudden-acceleration suits against Toyota Corp. and bank foreclosure practices, has fueled public anger, affecting lawsuits against companies in unrelated cases across the country, legal experts said.
?Jurors are more willing to believe that there was corporate wrongdoing that was intentional,? said Ophelia Camina, a lawyer at Susman Godfrey LLP in Dallas who won a $246 million verdict last year in a breach-of-warranty and fraud case against JDA Software Group Inc. ?It's easier to get people angry when they're already brooding.?
The Cybex verdict, which was more than twice the company?s market value, sent its shares down 37 percent. The accident was unprecedented and not the result of a faulty product, the Medford, Massachusetts-based company said. Cybex said it plans to appeal.
?We?ve never had something like this,? President and Chief Operating Officer Arthur W. Hicks Jr. said in an interview. ?What we did wrong, I have no idea.?
Year to Year
Ten of the 50 largest jury verdicts last year came in product-defect cases, compared with five in 2009 and one in 2008, according to data compiled by Bloomberg. There were 15 such verdicts of $25 million or more in 2010, compared with seven in 2009.
The largest jury verdict of the year of any kind was for $1.3 billion in a copyright-infringement action against SAP AG. That was also the largest copyright jury award in U.S. history, almost 10 times higher than the second-biggest, according to Bloomberg data.
The top product-defect verdict was for $505.1 million against Teva Pharmaceutical Industries Ltd., the Israeli drugmaker, and its U.S. distributor, in a Nevada case over a claim that packaging of its anesthetic propofol created a risk of contamination and led to the plaintiff?s hepatitis. Three of the top 10 were in smokers? suits against tobacco companies, led by a $152 million award against Lorillard Tobacco Co. in Boston in December.
Largest Verdicts
The total of the largest five product-liability verdicts was $1.1 billion, up from $620 million in 2009 and $408 million in 2008. The 77 percent growth from last year accelerated a trend from the previous year, when the biggest five product verdicts rose 52 percent from 2008.
?There hasn't been any radical change in product-liability law to cause this,? said Victor E. Schwartz, a Washington attorney and litigation expert who represents companies. ?It's more atmospheric than legal.?
Attorneys for corporations facing product-defect claims are finding it harder to weed out bias during jury selection, said Schwartz, who is general counsel of the American Tort Reform Association and a Shook Hardy & Bacon LLP partner.
?The old form of bias was when a juror may have had a personal interest in the case or a bias for a plaintiff or against a particular defendant,? he said.
Prejudice today ?is more subtle and not always conscious,? he said. ?It's a blue-collar feeling that corporate America doesn't really care, and that's difficult to eliminate in voir dire,? the jury selection process.