Mealey's PI/Product Liability - West Virginia Court Reinstates Workers' Comp Benefits In Asbestos Lung Cancer Case

CHARLESTON, W.Va. - Evidence that a man suffered occupational asbestos exposure and a workers' compensation court's ruling that it led to his lung cancer are sufficient grounds on which to award benefits to his widow, West Virginia's top court held Jan. 20 (Sadie Page, widow of John W. Page...

Mealey's PI/Product Liability - 9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs' negligence per se claims were not preempted by federal law, as the trial court held (Christina McClellan...

Mealey's PI/Product Liability - Florida Jury Cites Lack Of Proof On Causation, Finds For Philip Morris

MIAMI - A state court jury returned a defense verdict on Jan. 23 in a suit alleging that a longtime smoker's laryngeal cancer was caused by his use of Marlboro cigarettes manufactured by Philip Morris USA Inc. (Jose Vila Jr. v. Philip Morris USA Inc., No. 2013-12833-CA, Fla. 11th Jud. Cir., Miami...

Mealey's PI/Product Liability - Opening Statements In Florida Negligence Suit Center On Corporation's Liability

WEST PALM BEACH, Fla. - The liability of a corporation that offers membership in a plan providing concierge medical care for negligence on the part of an affiliated doctor was the topic of opening statements Jan. 22 in a suit by the widower of a plan member who alleged that blood clot in her leg went...

Mealey's PI/Product Liability - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal...

Mealey's PI/Product Liability - Ethicon Pelvic Mesh Trial Gets Under Way In California State Court

BAKERSFIELD, Calif. - An Ethicon pelvic mesh trial got under way on Jan. 26 in a California state court (Coleen Perry, et al. v. Ethicon Inc., et al., No. S-1500-CV-279123, Calif. Super., Kern Co).

Mealey's PI/Product Liability - New York Justice Amends Trial Order, Clears Way For Living Asbestos Plaintiffs

NEW YORK - Living asbestos plaintiffs deserve to have their cases heard ahead of deceased ones despite an existing trial order, a New York justice held over objections on Jan. 22, while also denying a request to consolidate and reverse bifurcate the cases (Neyra Begim v. CertainTeed Corp., et al., No...

Mealey's PI/Product Liability - Judge Won't Reconsider Exclusion Of Causation Expert In Zoloft MDL

PHILADELPHIA - Reiterating her findings that the opinions of a plaintiffs' proffered causation expert in the Zoloft product liability multidistrict litigation were flawed and unsupported, a Pennsylvania federal judge on Jan. 23 denied their motion to reconsider her ruling excluding the expert's...

Mealey's PI/Product Liability - Fraud Claim Survives In Infuse Case, But Other Claims Are Preempted, Judge Says

GRAND RAPIDS, Mich. - A Michigan federal judge on Jan. 23 said that a plaintiff's fraud claim in her Infuse bone graft complaint survives preemption but that her claims of failure to warn, design defect and negligence do not (Angie L. Wright, et al. v. Medtronic, Inc., et al., No. 13-716, W.D. Mich...

Mealey's PI/Product Liability - Tobacco Companies Seek Recusal Of Federal Judge Whose Wife Died Of Emphysema

JACKSONVILLE, Fla. - A federal judge whose wife died of smoking-related emphysema should recuse himself from a suit brought by the widower of a woman who alleges that her chronic obstructive pulmonary disease was caused by smoking, three tobacco companies contend in a motion filed in the U.S. District...

Mealey's PI/Product Liability - FDA Wants Premarket Approval For Automatic External Defibrillators Due To Failures

SILVER SPRING, Md. - The Food and Drug Administration on Jan. 28 issued a final order requiring manufacturers of automated external defibrillators (AEDs) to submit premarket approval applications (PMAs) and to "undergo a more rigorous review than what was required to market these devices in the...

Mealey's PI/Product Liability - Union Carbide: Exclude 'Every Exposure' Opinion From Molding Compound Case

LOS ANGELES - The "any exposure" to asbestos theory has no place in a trial involving alleged exposure from phenolic molding compounds, Union Carbide Corp. told a federal judge in California on Jan. 27 (Larry Armstrong, an individual; Carolyn Armstrong v. 3M Co., a/k/a Minnesota Mining &...

Mealey's PI/Product Liability - Court: Ongoing Insulation Work Not Protected By Statute Of Repose

MILWAUKEE - The state's statute of repose for improvements to real property does not cover ongoing repair and replacement of insulation, a Wisconsin appeals court held Jan. 26 (Pamela Peter, et al. v. Sprinkmann Sons Corp., Metropolitan Life Ins. Co., United Health Care Service, No. 2014AP923, Wis...

Mealey's PI/Product Liability - Pfizer To Pay $400M To Settle Securities Suit Over Off-Label Marketing Scheme

NEW YORK - Pfizer Inc. will pay $400 million to settle claims that it engaged in illegal off-label marketing and kickback schemes for certain of its products in violation of federal securities laws, according to a Securities and Exchange Commission document filed by Pfizer on Jan. 27 (Mary K. Jones v...

Mealey's PI/Product Liability - Plaintiff Experts In Denture Cream MDL Excluded For Failing Daubert Standards

MIAMI - The Florida federal judge overseeing the denture cream multidistrict litigation on Jan. 28 granted defendant Proctor & Gamble Co.'s motion to exclude the plaintiffs' new general causation experts for failing to satisfy the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc...

Mealey's PI/Product Liability - Florida Federal Court Limits Admission Of Tobacco Companies' 'Tortious Conduct'

JACKSONVILLE, Fla. - Evidence of allegedly tortious conduct on the part of tobacco companies occurring after a smoker quit smoking is inadmissible in Phase I of the trial of a wrongful death suit brought by her widower, a federal judge ruled Jan. 28 (Seymour Landau, et al. v. R.J. Reynolds Tobacco Co...

Mealey's PI/Product Liability - Low-Priority Payments To Dow Breast Implant Claimants Reversed By 6th Circuit

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 27 reversed a district court order authorizing payments to lower-priority creditors in the Dow Corning silicone breast implant bankruptcy settlement, saying objectors have a right to be heard and a right to question an assessor's financial...

Mealey's PI/Product Liability - California Health Department Urges Expansion Of Tobacco Laws To Cover E-Cigarettes

SACRAMENTO, Calif. - State laws regulating traditional tobacco products should be expanded to include e-cigarettes, the California Department of Public Health (CDPH) concluded in a report released Jan. 28.

Mealey's PI/Product Liability - Virginia Federal Judge Denies Motion To Remand, Says Complete Diversity Exists

RICHMOND, Va. - A Virginia federal judge on Jan. 27 denied an insured's motion to remand a suit seeking coverage for lead-based paint injuries that occurred at the insured property after determining that complete diversity of citizenship exists because the parties were misaligned (Patricia E. Smith...

Mealey's PI/Product Liability - William Powell Loses Fight For Costs, Fees In Abandoned Trial Dispute

NEW YORK - The circumstances and the course of settlement negotiations in an asbestos case warranted granting plaintiff's request to discontinue the case against one defendant during trial without awarding costs, a New York justice confirmed Jan. 28 (Charlene F. Hillyer v. The William Powell Co....

Mealey's PI/Product Liability - Florida Jury Awards Smoker's Widow $6M In Wrongful Death Suit

JACKSONVILLE, Fla. - A federal jury in Florida awarded $6 million in wrongful death damages Jan. 29 to the widow of a man who died of smoking-related diseases after 47 years of smoking (Ellen Gray, et al. v. R.J. Reynolds Tobacco Co., et al., No. 3:09-13603, M.D. Fla.).

Mealey's PI/Product Liability - Counsel For Smoker, Tobacco Companies Spar Over Addiction Issue In Florida Suit

FORT LAUDERDALE, Fla. - The "lies and deceit" of the tobacco industry caused longtime smoker Edward Caprio to become addicted to cigarettes that led to his lung cancer and chronic obstructive pulmonary disease (COPD), Caprio's attorney told a Florida state court jury on Jan. 28 in his opening...

Mealey's PI/Product Liability - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated...

Mealey's PI/Product Liability - Panel: Investor Failed To Plead Misrepresentation, Scienter In Securities Suit

SAN FRANCISCO - A federal district court did not err in dismissing a securities class action lawsuit against a biopharmaceutical company and certain of its executive officers for alleged violations of federal securities laws because the lead plaintiff failed to properly plead a material misrepresentation...

Mealey's PI/Product Liability - Judge: Investors Failed To Plead Misrepresentation In Securities Class Action

NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14...