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Cory D. Lapin

Posts by Cory D. Lapin

Fourth Circuit Joins Unanimous Federal Circuits – No Requirement That Government Prohibit Contractor From Warning About Asbestos For Government Contractor Defense To Apply

Posted in Asbestos Litigation, Litigation Trends, Products Liability

Recently, in Sawyer v. Foster Wheeler LLC, the Fourth Circuit held that a government contractor is entitled to federal jurisdiction, even in product liability failure-to-warn actions, based on the contractor’s assertion that it has a colorable federal defense of government contractor immunity. 860 F.3d 249 (4th Cir. 2017). The big takeaway from this case, however,… Continue Reading

Florida Medical Malpractice Non-economic Damage Caps: Before and After Kalitan

Posted in Florida Courts, Insurance Litigation, Litigation Trends, Medical Malpractice

No, this is not déjà vu. On June 8, 2017, the Supreme Court of Florida struck down another legislative mechanism to limit damages in personal injury cases. In North Broward Hospital District v. Kalitan, the Supreme Court decided that non-economic damage caps on medical malpractice actions violate the Equal Protection Clause of the Florida Constitution…. Continue Reading