April 12, 2010

Toyota Prius Cases: From New Mexico to California

Attorneys on both sides of new Toyota litigation arising from the injuries and deaths allegedly caused by defects in the design of the Toyota Prius have petitioned a single California district court to assume jurisdiction over hundreds of lawsuits pending across the nation. The system under which this consolidation would occur for cases such as Toyota Prius Litigation, called "Multidistrict Litigation" or MDL, helps conserve the resources of the judiciary and the parties involved in the lawsuit, by unifying the process by which all sides conduct trial preparation. After this trial preparation, or discovery, is completed, the case returns to the original jurisdiction for trial, if necessary. Thus, a person who was injured in a Prius in New Mexico would file his or her case in the District of New Mexico; it would then be transferred to whatever federal district was assigned the MDL and returned to New Mexico for trial. Because of the large number of plaintiffs who are affected, MDL most often occurs in product liability cases and environmental and toxic torts.

December 2, 2008

New Mexico Baby Formula Scare

Parents in Otero and Lea Counties are at a high level of alert after reports that two infants contracted e. Sakazakii, a bacteria believed to be connected to the preparation of baby formula. One infant passed away as a result of the illness, while another was hospitalized. Given the recent baby formula deaths in China, it is hard to rule out the two incidents as coincidence. However, hopefully tha tis exactly what it is and not the first signs of a possible New Mexico product liability action.

While the matter is investigated further, doctors are recommending that parents and caregivers ensure that everything is clean during the preparation of formula. This would apply to both the bottles being used as well as the hands of whoever is mixing formula.

Hopefully this issue is resolved immediately without additional victims.