Auto-Brewery Syndrome - a new defense for DUI??? - Mark P. Loftus

September 26, 2025

Saw this story online a couple weeks ago…DUI lawyers take note…

Hamburg, New York police got some calls in late December about a Toyota Corolla weaving all over the local roads. Officer Daniel Gallardo was on duty and soon spotted the car and pulled it over. The driver of the car[who was never identified] smelled like booze, was slurring her speech and had glassy eyes. Although she was able to recite the alphabet, she had trouble with other aspects of some field sobriety tests. A breathalyzer test was administered and came back at .33 – more than 4 times the legal limit. So the driver was hit with DUI charges.

Now, here is where it gets interesting. The driver admitted to having 3 drinks earlier in the day while visiting family. Her lawyer, Joseph Marusak, thought it her BAC was high, even assuming the three drinks. So he did some research and came across Dr. Barbara Cordell in Texas. Dr. Cordell has published studies on “Auto-Brewery Syndrome” – a very rare disorder where the body turns ordinary food and drink into alcohol. Cordell directed Masurak to Anup Kanodia M.D. an Ohio doctor who has treated the condition. Masurak got his client into see Dr. Kanodia who ran some tests. He observed the driver over extended periods when she did NOT have any alcohol. When Kanodia obtained BAC readings – they were all sky high – even with no booze. Kanodia then froze the samples and retested the hours later – and the BAC was still high. Dr. Kanodia thinks that individuals with Auto-Brewery Syndrome are able to function with elevated BAC because their bodies eventually get used to high BAC. Marusak got the DUI charges dismissed[although the state vowed to appeal]. Kanodia noted that he is working with some other attorneys throughout the United States and Canada who think their clients have Auto Brewery Syndrome. Kanodia also noted that only 50-100 people have been diagnosed with the condition.

Great work by Attorney Masurak.

Digital brain graphic with circuit board background, glowing blue, representing artificial intelligence.

The Anthropic Ruling - AI can't steal your content. - Mark P. Loftus

September 26, 2025
Topgolf building exterior with a gray facade, white sign, blue sky, and landscaping.

Topgolf hit with $15 million dollar verdict after 9 year old suffers devastating injuries. - Mark P. Loftus

September 26, 2025
Red Tesla sedan driving on a road.

Tesla Ignored $60 million settlement overture before getting crushed with $242 million dollar verdict. - Mark P. Loftus

September 26, 2025
According to online reports, Tesla ignored a $60 million dollar settlement overture in the wrongful death case that ultimately resulted in a $242 million dollar jury verdict against the car maker. The lawsuit grew out of 2019 crash where a Tesla Model S with Autopilot engaged, plowed through a Florida intersection and crashed into a Chevy Tahoe. Neima Benavides Leon and her boyfriend, Dillon Angulo were standing near the Tahoe when the Tesla crashed into it. Leon was killed and Angulo suffered serious injuries. A lawsuit was filed against Tesla, asserting that although the Autopilot feature was engaged, the vehicle did not brake. Florida law permits a monetary demand to be issued before trial. If the defendant fails to accept the demand within 30 days it is considered rejected. If the plaintiff then goes to trial and secures a verdict 25% greater than the offer, the defendant is on the hook for plaintiff’s investigative expenses and attorneys’ fees. Tesla is appealing the jury verdict, citing “substantial errors of law and irregularities at trial.”.
Taco with ground meat, lettuce, tomatoes, cheese sauce, and onions in a crispy shell.

Appellate Court rebuffs same proximate cause argument twice in taco restaurant crash. - Mark P. Loftus

September 26, 2025
Johnson's baby powder container, white bottle, blue text, red seal, 400g.

Supreme Court lets $2.2 billion dollar ovarian cancer verdict stand against Johnson & Johnson - Mark P. Loftus

September 26, 2025
This important ruling got kind of lost in the news cycle. A couple weeks ago, the United States Supreme Court refused to vacate a $2.2 billion dollar ovarian cancer verdict against Johnson & Johnson[“J & J”]. The verdict was originally returned by a Missouri jury in 2018 on behalf of 22 women. The original verdict was actually $4.7 billion but a Missouri Appellate Court reduced the award to $2 billion. Each of the women claimed that there was asbestos and asbestos-laced talc in J & J talcum powder products they used, and they developed ovarian cancer as a result. Asbestos is known to cause cancer. Talc, in its raw form is often found in close proximity to naturally occurring asbestos. When J & J mined talc, that talc sometimes contained asbestos. And that asbestos sometimes found its way into J & J personal hygiene products. [In 2019, J & J recalled 33,000 bottles of J & J products after FDA testing found asbestos in test samples]. J & J, has known of the risk of asbestos contamination in talc products since the 1970’s. Some 21,000 plus ovarian cancer cases are pending against J & J throughout the United States.
Bar counter with beer taps, logos, and a pint of Guinness. Shelves filled with bottles in the background.

Trial Judge: criminal attack outside bar not foreseeable. The Illinois Appellate Court: not so fast.... - Mark P. Loftus

September 26, 2025
Hand holding a black smartphone displaying the Uber app on a dark background.

Experts dispute victim numbers in Uber Sexual Assault Trial. - Mark P. Loftus

September 26, 2025
Spilled tan liquid with straw and debris on black asphalt with white line.

Surprise Headline - Federal Appeals Court sides with injured plaintiff in Costco Spilled Smoothie case. - Mark P. Loftus

September 26, 2025
Movie poster for

DuPont to pay $2 Billion to clean up "forever chemical" messes - Mark P. Loftus

September 26, 2025
Reports today say that DuPont and the State of New Jersey have reached a $2 Billion dollar settlement arising out of DuPont’s release of “forever chemicals” into soil, wetlands and other areas in New Jersey – and then forgetting to clean up the mess they made. The settlement with DuPont is reportedly the largest environmental settlement ever obtained by a state. “Forever chemicals” – also known as PFAS(referring to per and polyfluoroalkyl substances) are man-made chemicals that are used in an extensive variety of products as they are both water and grease-resistant. The chemicals are linked to litany of health problems, including increased risk of certain cancers(kidney, testicular and breast) liver damage, thyroid issues and reproductive problems(such as decreased fertility, low birthweight and developmental problems). NJ.Com is reporting that one of the sites where DuPont created munitions created such significant contamination in the environment that over 300 homes required filters to prevent toxic chemicals from seeping into their homes. The settlement terms provide that DuPont will spend $875 millions cleaning up the contamination and set aside another $125 million to cover other damages that may arise. Additionally, DuPont will also set p a $1.2 billion funding source and reserve fund of $475 million to ensure that even if the company fails to make payments, or goes bankrupt, public funds will not be used. For a stark introduction into the nature of PFAS, check out Dark Waters, a compelling and criminally underrated movie based on the decades old fight waged by attorney Robert Bilott against DuPont for contaminating West Virginia rural communities.
Four airline workers with luggage walking across an airport tarmac toward a setting sun.

Federal Judge tosses airline employees' lawsuit claiming uniforms caused illnesses. - Mark P. Loftus

September 26, 2025