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LexisNexis® Mealey's™ Personal Injury Legal News
Headline Personal Injury Legal News from LexisNexis®
Connecticut Supreme Court Will Hear Appeal Of Sandy Hook Shooting Suit
HARTFORD, Conn. - The Connecticut Supreme Court said in a letter sent to attorneys on Nov. 28 that it will hear an appeal filed earlier in the month by the surviving families and one survivor of the Sandy Hook Elementary School shooting (Donna L. Soto, et al. v. Bushmaster Firearms International LLC, No. S.C. 19832, Conn. Sup.).
4th Circuit Certifies Trade Secrets Question To South Carolina's High Court
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Nov. 29 certified a question to the Supreme Court of South Carolina in a wrongful death suit against a tire maker where the plaintiff claimed that a defective tire on another car led to a crash that killed his wife (Theodore G. Hartsock Jr. v. Goodyear Dunlop Tires North America LTD., No. 16-1172, 4th Cir.; 2016 U.S. App. LEXIS 21326).
Plaintiffs Seek To Add Claims To Takata Multidistrict Litigation
MIAMI - The plaintiffs in the Takata air bag multidistrict litigation filed a memorandum on Nov. 28, telling the federal judge overseeing the MDL that it can file claims in the MDL against car makers that were not originally named when the cases against Takata were consolidated (In re: Takata Airbag Products Liability Litigation, No. 15-02599, MDL No. 5-2599, S.D. Fla.).
BMW Urges 8th Circuit To Affirm Summary Judgment In Wrongful Death Suit
ST. LOUIS - BMW tells the Eighth Circuit U.S. Court of Appeals in a Nov. 28 appellee brief that a trial court correctly granted it summary judgment in a wrongful death and product liability suit because a man who died using a car jack was not using it properly (Bruce Lindholm v. BMW of North America LLC, No. 16-3516, 8th Cir.).
Players Who Approve Of NFL Settlement Say Objectors Misrepresent Class Rep's Death
WASHINGTON D.C. - Former professional football players who support the settlement between themselves and the National Football League (NFL) tell the U.S. Supreme Court in a Nov. 22 supplemental brief that the players who object to the settlement are misrepresenting the death of one of the class representatives (Scott Gilchrist, et al. v. National Football League, No. 16-283, U.S. Sup.).
NHL Answers Former Players' 2nd Amended Complaint In Concussion MDL
MINNEAPOLIS - The National Hockey League (NHL) on Dec. 1 responded to a second amended complaint filed in the concussion multidistrict litigation in federal court in Minnesota, saying the league's conduct was not illegal and it is not responsible for the alleged injuries the former players sustained (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
Former NFL Players Seek Change To CBA To Protect Living Players With CTE
FORT LAUDERDALE, Fla. - Thirty-eight former National Football League (NFL) players on Nov. 21 filed suit in Florida federal court against the league and the teams that comprise, claiming that they were not protected from the dangers of concussions and not warned about chronic traumatic encephalopathy (CTE) (Tony Gaiter, et al. v. National Football League Inc., et al., No. 0:16-cv-62755-BB, S.D. Fla.).
Colorado Jury Awards $52 Million To Woman Injured In Car Crash
DENVER - A Colorado jury on Nov. 18 awarded a woman $52 million after finding that her injuries were caused by a female driver who forced the car she was riding in to go off the road and flip over (Mendy Brockman, et al. v. Kimberly Corsentino, et al., No. 2015CV32157, Denver Co. Dist.).
Minnesota Jury Awards $7.55 Million In E. Coli Suit
MINNEAPOLIS - A Minnesota jury on Nov. 22 found that the company that owns a pumpkin patch was liable for the kidney damage a child suffered from contracting E. coli from a petting zoo at the pumpkin patch and awarded her and her family $7.55 million (Stephanie Heidish, et al. v. Dehn's Pumpkins LLC, No. 27-CV-14-17068, Minn. Dist., 4th Jud., Hennepin Co.).
Illinois Appellate Panel Reverses Summary Judgment In Negligence Suit
ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle (Sean Schmit v. Jacquelyn Smalarz, et al., No. 13-L-30, Ill. App., 2nd Dist.; 2016 Ill. App. Unpub. LEXIS 2560).
Florida Appellate Panel Reverses Summary Judgment In Dog Bite Suit
MIAMI - A Florida appellate panel on Nov. 30 reversed summary judgment in favor of a guard dog company in a dog bite suit because Florida's dog bite law "imposes strict liability on dog owners, subject only to a plaintiff's comparative negligence, which in this case must be determined by the trier-of-fact" (Lisa Arellano v. Broward K-9/Miami K-9 Services Inc., No. 3D16-314, Fla. App., 3rd Dist.; 2016 Fla. App. LEXIS 17699).
Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit
SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App., Div. 1; 2016 Wash. App. LEXIS 2889).
Kentucky Appellate Panel Vacates Summary Judgment In Premises Liability Suit
FRANKFORT, Ky. - On remand from the state Supreme Court, the Kentucky Court of Appeals on Nov. 23 vacated a summary judgment order from a trial court in a premises liability suit after finding that a "land possessor's general duty of ordinary care is not eliminated simply because a hazard is obvious" (Robert Resnick, et al. v. Charles Omer Patterson, No. 2011-CA-001657-MR, Ky. App.; 2016 Ky. App. LEXIS 191).
Pennsylvania Superior Court Panel Remands Medical Malpractice Suit
HARRISBURG, Pa. - Following a remand order from the Pennsylvania Supreme Court, the Pennsylvania Superior Court on Nov. 28 reversed an order granting a motion for nonsuit and remanded a medical malpractice suit for trial after finding that the trial court erred by excluding the testimony of an expert witness (Roulette Price v. Alan Catanzariti, No. 1886 WDA 2014, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 4332).
GM Asks MDL Judge For Summary Judgment On Successor Liability Claims
NEW YORK - General Motors LLC, the successor of General Motors Corp., on Nov. 11 asked the federal judge overseeing the GM ignition switch multidistrict litigation to grant it summary judgment on all successor liability claims against it, arguing that the plaintiffs in their fourth amended complaint incorrectly rely on the "mere continuation" exception to the rule against successor liability (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).
Washington Supreme Court: Statute Of Limitations Extended In Wrongful Death Suit
OLYMPIA, Wash. - The Supreme Court of Washington on Nov. 17 found that Washington's medical negligence statute of limitations (MNSOL) applies in wrongful death cases resulting from alleged medical malpractice (Shane Fast, et al. v. Kennewick Public Hospital District d.b.a. Kennewick General Hospital, et al., No. 92216-1, Wash. Sup.; 2016 Wash. LEXIS 1243).
Georgia Appellate Panel Affirms $40 Million Verdict In Wrongful Death Suit
ATLANTA - A Georgia appellate panel on Nov. 15 affirmed a $40 million verdict against Chrysler Group LLC in a wrongful death suit in which a child was killed in a car crash, finding that the trial court properly denied the automaker's motion for a directed verdict and "properly submitted the plaintiffs' claims to the jury for resolution" (Chrysler Group LLC v. Walden, No. A16A1285, Ga. App., 3rd Div.).
Ohio Appeals Panel Affirms Defense Verdict In Wrongful Death Suit
COLUMBUS, Ohio - An Ohio appellate panel on Nov. 17 affirmed a defense bench trial verdict, finding that the plaintiff did not show a breach of duty that proximately caused her son to drown in a water retention pond in a development (Tatiana Walker v. Hartford on the Lake LLC, Nos. 16AP-271 and 16AP-272, Ohio App., 10th Dist.; 2016 Ohio App. LEXIS 4640).
Pennsylvania Appellate Court Affirms Summary Judgment For Wrongful Death Suit
HARRISBURG, Pa. - A Pennsylvania appellate court on Nov. 15 affirmed a grant of summary judgment to the organization that runs the Philadelphia Triathlon after finding that a man who died during the swimming section of the race signed a waiver that released the event from any liability (Michele Valentino v. Philadelphia Triathlon LLC, No. 3049 EDA 2013, Pa. Super.; 2016 Pa Super 248).
Texas Appellate Panel Affirms Premises Liability Ruling For Theater Owner
AUSTIN, Texas - A Texas appeals panel on Nov. 16 affirmed summary judgment for a movie theater owner in a premises liability case, saying that a moviegoer who says she slipped on a wet substance and fell in the theater could not identify the substance, prove how long it had been on the floor and show whether the theater owner should have had knowledge of the hazard (Melissa Fontenette-Mitchell v. Cinemark USA Inc., No. 03-16-00201-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 12255).
Mississippi Appeals Panel Affirms Judgment For Race Track In Collapse Lawsuit
JACKSON, Miss. - A Mississippi Court of Appeals panel on Nov. 15 affirmed summary judgment in favor of a race track owner in a case where a woman said she was injured when a bleacher she was sitting on collapsed because the woman failed to present a genuine issue of material fact as to whether the race track owner breached its duty to her (Debbie Jones v. Dragway Enterprises Inc., No. 2015-CA-00639, Miss. App.; 2016 Miss. App. LEXIS 734).
Georgia Appellate Panel Says City Liable For Child's Injuries
ATLANTA - A Georgia appellate panel on Nov. 15 affirmed the denial of a city's motion for summary judgment in case where a child was injured at a city-owned stadium after finding that the state's Recreational Property Act (RPA) did not relieve the city of liability because the stadium was not open to the general public free of charge (The Mayor and Alderman of the City of Garden City v. Willie B. Harris, et al., No. A16A0945, Ga. App., 4th Div.; 2016 Ga. App. LEXIS 643).
Michigan Panel Affirms Summary Disposition For Health Care Facility In Slip, Fall
DETROIT - The danger presented by slipping and falling on a step is considered open and obvious, and a plaintiff failed to establish evidence creating a genuine issue of material fact that a health care facility's steps contained "special aspects making them unreasonably dangerous," a Michigan appellate panel found in a Nov. 17 unpublished opinion, affirming summary judgment for the health care center (Loretta Needham v. Oakwood Healthcare, Inc., et al., No. 328293, Mich. App.; 2016 Mich. App. LEXIS 2106).
Georgia Appeals Panel Reverses Summary Judgment In Slip-And-Fall Suit
ATLANTA - A Georgia appellate panel on Nov. 10 reversed a lower court order that granted summary judgment to a nursing home accused of negligence that led to a woman slipping and injuring herself because there are issues of fact regarding the existence of a hazard that allegedly caused the fall (Mary D. Pipkin v. Azalealand Nursing Home Inc., No. A16A0860, Ga. App., 2nd Div.; 2016 Ga. App. LEXIS 635).
Georgia Appellate Court Affirms Decisions In Medical Malpractice Suit
ATLANTA - The en banc Georgia Court of Appeals in a 6-3 ruling on Nov. 18 affirmed a trial court's decision to allow a claim of ordinary negligence to be presented to the jury in a medical malpractice suit because there was enough evidence that indicated that ordinary negligence that had taken place (Dennis Doherty v. Sterling Brown, et al., No. A16A0763, Ga. App.; 2016 Ga. App. LEXIS 669).
Ind. Panel: Contaminated Drug Claims Against Clinics Constitute Medical Malpractice
INDIANAPOLIS - Plaintiffs' claims against medical providers that administered a contaminated steroid that caused fungal meningitis are subject to the provisions of the Indiana Medical Malpractice Act (MMA), the state Court of Appeals ruled Nov. 7, rejecting the state compensation fund administrator's argument that the claims sound in general negligence (Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund v. Anonymous Clinic, et al., and Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund v. Orthopedic and Sports Medicine Center of Northern Indiana, et al., No. 71A03-1512-CT-2199, Ind. App.; 2016 Ind. App. LEXIS 402).
Tribal Immunity Does Not Cover Casino Limo Driver, Crash Victims Tell High Court
WASHINGTON, D.C. - The U.S. Supreme Court should reverse a Connecticut Supreme Court finding that a limousine driver for an Indian casino is protected by the tribe's sovereign immunity from a couple's personal injury claims stemming from a car crash because the holding "would represent an unwarranted intrusion on state regulatory authority and would deprive tort victims of compensation," the couple argues in a Nov. 14 merits brief (Brian Lewis and Michelle Lewis v. William Clarke, No. 15-1500, U.S. Sup.).
Biomechanical Engineer May Testify On Mechanics In Accident, Magistrate Judge Says
CHICAGO - A biomechanical engineer is qualified to testify about the mechanics and movements involved in a vehicle accident, an Illinois federal magistrate judge concluded Nov. 8, refusing to exclude an opinion that there was no mechanism that caused a man's injuries (Carlos R. Pike v. Premier Transportation & Warehousing Inc., et al., No. 13-8835, N.D. Ill.; 2016 U.S. Dist. LEXIS 155280).
Judge: Forensic Engineer's Testimony In Personal Injury Suit Is Unreliable, Inadmissible
MIAMI - A forensic engineer's expert testimony on why a woman fell from a plane's mobile stairway and why an airline should maintain information on the stairway's model is unreliable and inadmissible, a Florida federal judge ruled Nov. 8, excluding the testimony supporting the woman's claims that her injuries were not an accident (Esther Serrano v. American Airlines Inc., No. 15-23382, S.D. Fla.; 2016 U.S. Dist. LEXIS 154826).
Judge: Engineer's Alternative Design Testimony Is Unreliable In Product Liability Suit
HATTIESBURG, Miss. - A mechanical engineer's testimony concerning a feasible alternative design is unreliable in a product liability case against Deere & Co. that alleges that a lawnmower rolling over caused a man's injuries and paralysis, a Mississippi federal judge ruled Nov. 8 (Ricky Barnett v. Deere & Co., No. 15-2, S.D. Miss.; 2016 U.S. Dist. LEXIS 154774).
Federal Magistrate Judge Recommends Product Defect Suit Be Remanded
AUGUSTA, Ga. - A federal magistrate judge in Georgia on Nov. 9 recommended remand of a case filed by a man injured by a defective power washer because there is a lack of subject matter jurisdiction (William Kenney v. Briggs & Stratton Corp., et al., No.1:16-CV-113, S.D. Ga.; 2016 U.S. Dist. LEXIS 155581).
Summary Judgment Granted For Wrestling Organization In 2 Wrongful Death Suits
HARTFORD, Conn. - A federal judge in Connecticut on Nov. 10 granted summary judgment in favor of World Wrestling Entertainment Inc. (WWE) in a consolidated suit against the wrestling organization because the plaintiffs failed to allege a causal relationship between the deaths of the former wrestlers and the wrongful acts alleged (Cassandra Fraizer v. World Wrestling Entertainment Inc., No. 3:15-CV-01229, Michelle James v. World Wrestling Entertainment Inc., No. 3:15-CV-01305, D. Conn.; 2016 U.S. Dist. LEXIS 156459).
Federal Judge Approves $265 Million Settlement For Philadelphia Derailment
PHILADELPHIA - The Pennsylvania federal judge overseeing the Philadelphia Amtrak train derailment multidistrict litigation on Oct. 27 approved a $265 million settlement between Amtrak and those injured and the families of those who died in the May 12, 2015, derailment (In re Amtrak Train Derailment in Philadelphia, PA, on May 12, 2015, No. 2654, E.D. Pa.).
Missouri State Jury Awards More Than $70 Million In Talcum Powder Suit
ST. LOUIS - A Missouri jury on Oct. 27 awarded a woman who developed ovarian cancer after prolonged use of talcum powder made by Johnson & Johnson more than $70 million in compensatory and punitive damages (Deborah Giannecchini v. Johnson & Johnson, et al., No. 1422-CC09012-01, Mo. 22nd Jud. Cir.).
Man Burned By Exploding Off-Road Vehicles Files Suit
SAN BERNARDINO, Calif. - A man who was injured after his off-road vehicle caught fire filed suit against the maker of the vehicle in California state court on Nov. 1, claiming that the vehicle was made with a design defect that caused it to explode without warning (Blake Gordon v. Polaris Industries Inc., No. 1618484, Calif. Sup. San Bernardino Co.).
Judge Allows Mechanical Engineer To Testify On Defects In Lawn Mower
BOSTON - A mechanical engineer may testify as to the defects in a lawn mower and the causation of a man's injuries while a doctor of bio-mechanics may testify as to the timing of the accident, a Massachusetts federal judge held Oct. 17 (Anthony Provanzano v. MTD Products Co. and Lowe's Home Centers LLC, No. 15-11720, D. Mass.; 2016 U.S. Dist. LEXIS 143402).
Ohio Supreme Court Rules Medical Malpractice Statute Of Repose Is Constitutional
COLUMBUS, Ohio - The Ohio Supreme Court on Oct. 25 ruled that the four-year medical malpractice statute of repose is constitutional "even to the extent that it prohibits bringing suit on a cause of action that has vested," reversing an appellate panel and affirming a trial court's dismissal of a medical malpractice case (David Antoon, et al. v. Cleveland Clinic Foundation, et al., No. 2016-Ohio-7432, Ohio. Sup.; 2016 Ohio LEXIS 2593).
Florida Jury Finds For Defense In Medical Malpractice Suit
WEST PALM BEACH, Fla. - A Florida jury on Nov. 2 found that a doctor was not negligent in obtaining informed consent to perform electroshock therapy on a patient being treated for depression (Shaul Dadi v. Praturi Sharma, No. 2011-CA-16027, Fla. 15th Jud. Cir. Palm Co.).
5th Circuit Affirms Summary Judgment In Medical Malpractice Suit
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Oct. 25 affirmed summary judgment in favor of a hospital in a medical malpractice suit because the plaintiffs did not raise an issue of material fact that a doctor at a hospital failed to properly examine their child (Danny Fewins, et al. v. Granbury Hospital Corporation, et al., No. 16-10192, 5th Cir.; 2016 U.S. App. LEXIS 19428).
Georgia High Court: Error In Admission Of Testimony In Medical Liability Suit
ATLANTA - An appeals court erred in holding that deposition testimony of an organizational representative taken under Official Code of Georgia Annotated (OCGA) Section 9-11-30 (b) (6) may be admitted into evidence at trial under OCGA Section 9-11-32 (a) (2) without regard to the rules of evidence governing admissibility of expert testimony, the Georgia Supreme Court ruled Oct. 31 (Dr. Patricia Yugueros v. Rudy Robles, No. S16G0619, Ga. Sup.; 2016 Ga. LEXIS 709).
Judge Declines To Exclude Treating Physician Testimony In Medical Malpractice Suit
SAN JUAN, Puerto Rico - In a medical malpractice lawsuit, a Puerto Rico federal judge on Oct. 19 refused to exclude a treating physician's testimony because it is relevant to establish the causal nexus between a man's prior treatment and his alleged injury (Martin Torres-Rivera v. Centro Medico Del Turabo Inc., et al., No. 13-1747, D. Puerto Rico; 2016 U.S. Dist. LEXIS 145129).
Former Football Players Urge U.S. Supreme Court Not To Review Settlement
WASHINGTON, D.C. - A group of former National Football League players who support the concussion settlement between the league and former players urged the U.S. Supreme Court on Nov. 4 to deny the opposing players' petition for writ of certiorari because they say the settlement is fair; however, a brain injury advocacy group on Oct. 26 filed an amicus curiae brief supporting a review of the settlement (Raymond Armstrong, et al. v. National Football League, et al., No. 16A186, U.S. Sup.).
NHL Seeks To Dismiss Second Amended Complaint Of Hockey Player's Estate
CHICAGO - The National Hockey League (NHL) on Nov. 4 asked the federal judge in Illinois overseeing a wrongful death suit brought by the estate of a former professional hockey player to reconsider his order allowing the estate to file a second amended complaint, saying the claims brought by the estate in the second amended complaint are preempted by Section 301 of the Labor Management Relations Act of 1947 (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.; 2016 U.S. Dist. LEXIS 134232).
Indiana Supreme Court Partially Reverses, Affirms Judgment In Premises Liability Suit
INDIANAPOLIS - The Indiana Supreme Court on Oct. 26 affirmed summary judgment in favor of a woman accused of a Dram Shop Act violation and reversed summary judgment in her favor on a premises liability claim for holding a house party where a man died after a fistfight (F. John Rogers v. Angela Martin, et al., No. 02S05-1603-CT-114, Ind. Sup.; 2016 Ind. LEXIS 757).
Macy's Financial Information Deemed Not Discoverable In Personal Injury Suit
SAVANNAH, Ga. - The plaintiffs in a personal injury suit against Macy's Retail Holdings Inc. are not entitled to chain wide financial information and regional incident reports, a Georgia federal magistrate judge ruled Oct. 24, denying motions to compel such materials (Jacquelyn Orr, et al. v. Macy's Retail Holdings Inc., No. 4:16-cv-00052, S.D. Ga.; 2016 U.S. Dist. LEXIS 147573).
Federal Judge Allows Liability Expert Testimony On Safety Of Driveway, Need Of Repairs
JEFFERSON CITY, Mo. - A liability expert may testify on the reasonable safety of a driveway and whether it needed repairs, a Missouri federal judge ruled Nov. 3, also denying summary judgment to the property owners because fact issues exist as to whether they should have discovered the dangerous condition (Amy Fontaine and Todd Fontaine v. Columbia Properties Ozarks Ltd., et al., No. 15-04213, W.D. Mo.; 2016 U.S. Dist. LEXIS 152343).
Judge: Expert May Testify On Wal-Mart Store's Conditions In Personal Injury Lawsuit
ALBUQUERQUE, N.M. - A hazard analysis expert may testify as to whether the conditions present at a store created a dangerous situation, a New Mexico federal judge ruled Nov. 4, also denying summary judgment to Wal-Mart Stores East L.P. because there is sufficient evidence to create a genuine issue of material fact as to the company's alleged breach of duty (Patricia Cabrera v. Wal-Mart Stores East L.P., No. 15-597, D. N.M.; 2016 U.S. Dist. LEXIS 153664).
U.S. High Court Won't Review Texas Panel Ruling Overturning Award Against Domino's
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 31 denied a petition for writ of certiorari to review a Texas appeals court decision that overturned a $31 million jury award against Domino's Pizza LLC, Domino's franchisee MAC Pizza Management Inc. and a Domino's delivery driver for a crash that killed a woman and severely injured her husband (Raghurami Reddy, et al. v. Domino's Pizza LLC, No.16-356, U.S. Sup.).
Judge Denies Reconsideration Of Summary Judgment In Wrongful Death Suit
MOBILE, Ala. - A federal judge in Alabama on Oct. 28 denied a woman's motion to reconsider granting summary judgment to a company after finding that a woman who sued the maker of an escalator for the wrongful death of her son should have made the same arguments after the company initially filed for summary judgment, but she did not, and that she failed to adequately plead failure to warn (Tyra Kirksey v. Schindler Elevator Corp., et al., No. 15-0115, S.D. Ala.; 2016 U.S. Dist. LEXIS 149636).
Nurse Who Contracted Ebola From Patient Settles Suit Against Hospital Network
DALLAS - A Texas nurse who contracted Ebola after treating a patient at a Dallas hospital has settled her suit against the company that owns the hospital, according to a dismissal notice filed in Texas state court on Oct. 24 (Nina Pham v. Texas Health Resources Inc., No. DC-15-02252, Texas 68th Jud. Dist., Dallas Co.).
Widow Says Settlement With General Motors Was Fraudulent
NEW YORK - A widow who settled with General Motors in 2010 after her family was killed in a car crash asked the Second Circuit U.S. Court of Appeals on Oct. 26 to reverse the settlement because she says she was denied due process (Doris Philips v. General Motors LLC, et al., No. 16-2472-BK, 2nd Cir.).