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Federal New Releases

New Releases
from Federal Courts

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Torts -- Product liability -- Tobacco -- District court did not err in dismissing over 500 personal injury cases filed on behalf of purportedly living cigarette smokers who, as it turned out, were dead at time of filing, 160 loss of consortium cases filed on behalf of spouses and children of these deceased plaintiffs, and wrongful death cases filed more than two years after decedent-smokers' deaths -- District court did not err in denying requests to amend complaints in these cases

Criminal law -- Habeas corpus -- Jurisdiction -- District court did not err in dismissing for lack of jurisdiction defendant's section 2241 habeas petition, in which defendant claimed that sentence of life imprisonment for violations of Organized Crime Control Act could not have been imposed by district court in absence of jury recommendation, on ground that defendant had failed to establish necessary conditions for his claims to satisfy savings clause in 28 U.S.C. section 2255(e) such that they might be considered in a section 2241 petition -- Binding Fifth Circuit precedent at time of defendant's sentencing actually supported his claim that he should not have been sentenced to life imprisonment -- Accordingly, he cannot show that, at time of his sentencing or any other relevant time, circuit precedent squarely foreclosed his raising claim in section 2255 motion -- Ineffective-assistance claim related to counsel's advice as to guilty plea likewise fails because no circuit precedent foreclosed his raising that claim in a section 2255 motion

Torts -- Product liability -- Denture adhesive -- To prove plaintiff's zinc-induced, copper-deficiency myelopathy was caused by her use of two to four 68-gram tubes of defendant's denture adhesive each week for eight years, plaintiffs were required to have Daubert-qualified, general and specific-causation-expert testimony that would be admissible at trial to avoid summary judgment -- Summary judgment was correctly granted to defendant where plaintiffs lost their designated general and specific-expert witnesses because of deficiencies in the experts' scientific methodology reliability and their attempts to proffer alternative experts failed because their prospective testimony was inadmissible substantively, procedurally, or abandoned on appeal

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