Big Defense Wins of 2011

Hospital defended unauthorized drawing of plaintiff's blood

A schizophrenic sued a hospital for assault after its nurses drew blood even though he refused to give consent. The hospital contended that the nurses were justified by a fear that Midgett's health was in immediate danger.

Midgett v. Beth Israel Medical Center
Assault - New York

Idea for 'Kung Fu Panda' came from studio, Dream Works claimed

A film writer/producer alleged that he approached DreamWorks with the idea of a film about a "spiritually marked kung fu fighting bear," which the company stole and turned into the $630-million grossing "Kung Fu Panda." DreamWorks claimed its creative department had already developed its own ideas in-house entitled "Enter the Pandas" and then "Kung Fu Pandas."

VIEW THE FULL CASE Dunn v. DreamWorks Animation SKG Inc.
Breach of Contract - Calfornia

Defendants accused of helping mom kidnap son, flee to India

A father claimed that neighbors aided and abetted his wife in kidnapping their son and fleeing to India. The neighbors argued that evidence demonstrated that his wife's mother was the one who helped them leave.

VIEW THE FULL CASE Kulkarni v. Upasani
Conspiracy - California

Plaintiff: Competition's false advertising caused sales loss

A juice maker claimed that rival Ocean Spray made misleading representations of the primary ingredients of its product. Ocean Spray argued its label was accurate; its products don't compete with the plaintiff's product; and the plaintiff failed to prove that any consumers confused the companies' products.

VIEW THE FULL CASE Pom Wonderful LLC v. Ocean Spray Cranberries Inc.
Consumer Protection - California

Defense: School right to report parent's Columbine remarks

A woman alleged a school district acted maliciously when it reported her angry comments to the police. She made a reference to the 1999 massacre in which 13 students were fatally shot at Columbine [Colo.] High School. She was acquitted. The jury found no wrongdoing by the school district .

VIEW THE FULL CASE Manzoor v. Brentwood Union Free School District
Malicious Prosecution - New York

Husband blamed post-op treatment for wife's death

A husband claimed his wife died of an aortic dissection, causing a cardiac tamponade. The defense argued that she died of a coronary artery dissection, which is an untreatable condition.

VIEW THE FULL CASE Estate of Olesky v. Stapleton
Medical Malpractice - Florida

Stillbirth not due to obstetrician's care, defense argued

A mother claimed her doctor failed to monitor heart tones and failed to detect threats to fetal viability. The defense maintained that physicians are often unable to identify a specific cause of fetal death in cases in which there is also an abnormal placenta.

VIEW THE FULL CASE Estate of Slizik v. Noorbakhsh
Medical Malpractice - Pennsylvania

Doc defended validity of unsigned DNR order

The family of a woman who suffered a fatal respiratory arrest claimed the doctor didn't act properly by not resuscitating her. The primary dispute was whether the doctor acted properly by honoring a do-not-resuscitate order that the patient had allegedly authorized but never signed. The defense noted that state law does not require signed consent to a do-not-resuscitate order.

VIEW THE FULL CASE Estate of McGahy v. Sabbatini
Medical Malpractice - New York

Motorcyclist fell under wheels of tractor-trailer, killed instantly

The family of a motorcyclist claimed that a FedEx driver was to blame for fatally running him over. The defense argued that the biker was in the best position to avoid any accident, whereas the truck driver didn't have enough time to perceive that he was trying to pass.

VIEW THE FULL CASE Wyatt v. Warden
Motor Vehicle - Texas

Widow alleged motorcycle helmet failed in fatal crash

A woman claimed her husband was killed in a motorcycle crash because his helmet wasn't properly tested and the maker misled customers by claiming the highest safety standards. The defense argued that Cruz was not wearing the helmet at the time of the accident and that the damage to the helmet was because it was strapped to the side of the bike and not to his head.

VIEW THE FULL CASE Estate of Cruz v. Scorpion Sports
Products Liability - Florida

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