Mealey's PI/Product Liability - Justice: Testimony That 'Asbestos Filler' Was Actually Mineral Fiber Unsupported

NEW YORK - A corporate witness's unsubstantiated testimony that the company's "Asbestos Fiber Filler" never actually contained asbestos falls short of entitling it to judgment, a New York justice held in an opinion posted April 10 (Stanley Friedman & Phyllis Friedman v. A.O. Smith...

Mealey's PI/Product Liability - Justice: Engine-Block Maker's Alleged Successor Can't Escape Marine Asbestos Case

NEW YORK - A company's potential liability for an engine block maker it sold five years after purchasing it remains a triable fact, a New York justice held in an opinion posted April 10 (Robert Bruce Burawa and Deborah Ann Burawa v. Acker Drill Co., et al., No. 190272/12, N.Y. Sup., New York Co....

Mealey's PI/Product Liability - 10th Circuit Upholds Remand Of 11 Nearly Identical Transvaginal Mesh Complaints

DENVER - A 10th Circuit U.S. Court of Appeals panel on April 11 upheld an Oklahoma trial court's order remanding 11 of 12 nearly identical product liability complaints to state court, finding that removal of the complaints under the Class Action Fairness Act's "mass action" provision...

Mealey's PI/Product Liability - Avandia MDL Judge Says Ark. 'Illegal Extraction' Case Mooted By State's Settlement

PHILADELPHIA - A private Arkansas "illegal extraction" claim against GlaxoSmithKline PLC (GSK) for its marketing of the Avandia diabetes drugs is moot because the state attorney general has already settled identical claims, a Pennsylvania federal judge ruled April 10 in granting the defendant...

Mealey's PI/Product Liability - 11th Circuit Panel: New Trial Necessary In Wrongful Death Action

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 14 remanded a premises liability action involving a man's fatal fall from a cliff in the Bahamas to the trial court for a new trial, concluding that the jury's verdict was the result of a "impermissible compromise" (R. Travis...

Mealey's PI/Product Liability - 3rd Circuit Affirms Dismissal Of Defective Condo Building Action

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 11 upheld dismissal of a construction defects case brought against a municipality and a group of construction firms, concluding that the defendants did not act with deliberate indifference while performing work and inspections at a condominium...

Mealey's PI/Product Liability - AndroGel MDL Hearing Accelerated; 9 New Plaintiffs Want To Add Testim Cases

WASHINGTON, D.C. - A federal judicial panel on April 14 accelerated briefing for the creation of an AndroGel multidistrict litigation docket and scheduled the motions for argument at the panel's May 29 meeting (In Re: AndroGel Products Liability Litigation, MDL Docket No. 2545, JPMDL).

Mealey's PI/Product Liability - Massachusetts Federal Judge Weighs Injunction Against State's Zohydro Drug Ban

BOSTON - A Massachusetts federal judge on April 14 deferred her ruling on a temporary restraining order (TRO) and temporary injunction against the state government's ban on the new hydrocodone drug Zohydro as part of a public health emergency (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D...

Mealey's PI/Product Liability - Mass. Zohydro Ban Preempted By Federal Regulation; Preliminary Injunction Issued

BOSTON - Massachusetts' emergency ban on the prescribing of the opioid drug Zohydro ER is preempted by federal law, a federal judge ruled April 15 in granting manufacturer Zogenix Inc.'s motion for a preliminary injunction (Zogenix, Inc. v. Deval Patrick, et al., No. 14-689, D. Mass.).

Mealey's PI/Product Liability - 5th Circuit Upholds Verdict For Man Hurt In Retailer's Parking Lot

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 15 affirmed a $201,210.51 verdict for the plaintiff in a premises liability action, concluding that a new trial was not appropriate (Charles Max McLendon v. Big Lots Stores Inc., et al., No. 13- 20338, 5th Cir.; 2014 U.S. App. LEXIS 7004...

Mealey's PI/Product Liability - 3rd Circuit Overturns Decision For Defendant In Premises Liability Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 15 revived a woman's personal injury claims brought against a movie theater, concluding that there was enough evidence regarding the defendant's actual notice of a dangerous condition in its bathroom to allow the case to proceed...

Mealey's PI/Product Liability - Plaintiffs In Fosamax Femur MDL Will Appeal Preemption Of Pre-Label Change Claims

TRENTON, N.J. - Thirty-two Fosamax femur fracture plaintiffs whose federal cases were dismissed as preempted on April 15 filed notices of appeal to the Third Circuit U.S. Court of Appeals (In Re: Fosamax $(Alendronate Sodium$) Products Liability Litigation, MDL Docket No. 2243, No. 3:11-5304, D. N.J...

Mealey's PI/Product Liability - Illinois Appeals Panel Drops Part Of Judgment In Construction Contract Case

MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on April 15 ruled that a woman named as a defendant in a construction contract dispute was not responsible for interest and attorney fees because she did not sign the contract (Ed Wolfe Construction Inc. v. Richard Knight, et al., No. 5...

Mealey's PI/Product Liability - D.C. Circuit Panel Affirms Safety Fine Against SeaWorld For Whale Trainer's Death

WASHINGTON, D.C. - An administrative law judge properly found reliable marine animal expert testimony regarding the dangers killer whales pose to trainers at SeaWorld, a District of Columbia U.S. Court of Appeals panel held April 11 in affirming a workplace safety violation stemming from a trainer's...

Mealey's PI/Product Liability - Former Chemistry Teacher's Asbestos Action Belongs In Indonesia, Judge Says

HONOLULU - A former chemistry teacher's action alleging mesothelioma arising from asbestos exposure in school supplies belongs in Indonesia, where the exposures occurred and much of the evidence resides, a federal judge in Hawaii held April 14 (In the Matter of James R.S. Herbert and Barbara Ellis...

Mealey's PI/Product Liability - Appeals Court Keeps Union Carbide In Asbestos Case Involving Phenolic Resin

NEW YORK - A widow successfully rebutted any prima facie showing by Union Carbide Corp. that its asbestos-containing phenolic resin product could not have led to a man's injuries, a New York appellate court held April 15 (In re New York City Asbestos Litigation Alice Kestenbaum, etc. v. Durez Corp...

Mealey's PI/Product Liability - Astellas Pharma Pays $7.3M To Settle Mycamine Off-Label False Claims Lawsuit

PHILADELPHIA - Astellas Pharma US Inc. has agreed to pay $7.3 million to settle a False Claims Act lawsuit that it promoted its antifungal drug Mycamine for off-label use in pediatric patients, the U.S. Justice Department announced April 16 (United States of America, ex rel. Frank Smith v. Astellas Pharma...

Mealey's PI/Product Liability - FDA Discourages Use Of Morcellator Devices Because Of Cancer Spread Risk

SILVER SPRING, Md. - The Food and Drug Administration on April 17 discouraged the use of morcellators to perform hysterectomies or to remove uterine fibroids because of the risk that the procedure will spread known or unknown cancerous tissue within the abdomen and significantly worsen patients'...

Mealey's PI/Product Liability - Former Professional Hockey Players Sue NHL Over Concussions

MINNEAPOLIS - Three former National Hockey League (NHL) players filed a class complaint on April 15 in the U.S. District Court for the District of Minnesota, seeking financial compensation, injunctive relief and medical monitoring for concussions they allege are the result of the NHL's tortious and...

Mealey's PI/Product Liability - Judge Denies Fan Maker's Motion To Dismiss Over Spoliation Of Evidence

TUSCALOOSA, Ala. - A federal judge in Alabama on April 15 denied a fan manufacturer's motion to dismiss a man's products liability suit as a result of his failure to preserve evidence, ruling that the defendant was unable to show that the loss was the result of bad faith by the plaintiff (Joe...

Mealey's PI/Product Liability - Plaintiffs Tell D.C. Court Contraceptive Mandate Imposes Substantial Burden

WASHINGTON, D.C. - While the government tries to downplay its impact, the contraceptive mandate imposes a substantial burden on religious organizations that cannot be avoided through the self-certification process, plaintiffs told the District of Columbia Circuit U.S. Court of Appeals on April 11 (Priests...

Mealey's PI/Product Liability - Magistrate Judge Orders Couple To Pay Attorney Fees As Sanction

NEW ORLEANS - A federal magistrate judge in Louisiana on April 16 ordered a couple to pay the attorney fees incurred by defendants in a slip-and-fall lawsuit as a sanction for the plaintiffs' failure to comply with a March 17 order requiring them to produce responses to interrogatories (Heather Barlow...

Mealey's PI/Product Liability - Court Affirms Design Defect, Consumer Expectation Theories, Asbestos Judgment

LOS ANGELES - Sufficient evidence support a man's design defect and consumer expectation theories, and potential settlement offsets do not put a more than $1 million asbestos judgment into conflict with the "one final judgment" rule, a California appeals court held April 16 (James Hellam...

Mealey's PI/Product Liability - Savient Pharmaceuticals Seeks OK Of Settlement Reducing Claim By $68,849.98

WILMINGTON, Del. - Bankrupt Savient Pharmaceuticals Inc. on April 18 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of a settlement deal in which a creditor's claim would be reduced by $68,849.98 to avoid "needless litigation" (In Re: Savient Pharmaceuticals...

Mealey's PI/Product Liability - New Jersey Law Allows Suit Against Dissolved Corporations, New York Court Affirms

NEW YORK - New Jersey law allowing dissolved corporations to "sue and be sued" clearly permits asbestos actions naming Liberty Mutual Insurance Co. as the insurer of the dissolved Jenkins Brothers, a New York appeals court held April 17 (In re New York City Asbestos Litigation; Robert Germain...