Mealey's PI/Product Liability - Store Cannot Assert Third-Party Liability In Premises Suit, Louisiana Court Rules

LAKE CHARLES, La. - A trial court erred in allowing a grocery store to assert third-party liability as an affirmative defense to premises liability claims brought by a woman who was injured when she slipped and fell in a puddle of water, the Louisiana Third Circuit Court of Appeal ruled Dec. 10 (Patricia...

Mealey's PI/Product Liability - Virginia Plaintiffs Called To Settlement Conference By Judge In Meningitis MDL

BOSTON - The Massachusetts federal judge overseeing the fungal meningitis multidistrict litigation on Dec. 9 summoned all parties in the Virginia actions to a Dec. 19 settlement conference and told them to bring along persons with settlement authority (In Re: New England Compounding Pharmacy, Inc., MDL...

Mealey's PI/Product Liability - JPMDL Centralizes Suits Over Fluidmaster's Water Connectors In Illinois

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 11 centralized lawsuits claiming that Fluidmaster Inc.'s NO-BURST water connectors are defective because they prematurely burst; the cases are centralized before U.S. Judge Robert M. Dow Jr. of the Northern District of Illinois...

Mealey's PI/Product Liability - Oregon Appeals Court Says Discovery Rule Applies To Construction Defect Suit

SALEM, Ore. - An Oregon Court of Appeals panel on Dec. 10 reinstated a couple's lawsuit against the subcontractor who installed the exterior insulated finish system (EIFS) on their home after finding that the discovery rule applies to the six-year statute of limitations in Oregon Revised Statute...

Mealey's PI/Product Liability - JPMDL Centralizes Allegedly Defective Decking Suits In New Jersey

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 12 centralized six lawsuits and four tag-along complaints claiming that Elk Cross Timber decking materials manufactured and sold by Building Materials Inc., doing business as GAF Materials Corp., is defective because it prematurely...

Mealey's PI/Product Liability - Second Circuit Upholds Dismissal Of Suit Linking Diabetes To Corn Syrup

NEW YORK - A trial court properly dismissed a suit alleging that a child's Type 2 diabetes was caused by her consumption of foods containing high fructose corn syrup (HFCS) for failure to allege a safer design of the product or to identify the specific manufacturer whose HFCS is at issue, the Second...

Mealey's PI/Product Liability - JPMDL Consolidates Greek Yogurt Suits In Texas Federal Court

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) issued an order Dec. 10 consolidating for pretrial proceedings in the U.S. District Court for the Western District of Texas suits alleging that yogurt sold by Whole Foods Market Inc. under the brand Whole Foods 365 Greek Yogurt...

Mealey's PI/Product Liability - Miss. High Court Says Injury Caused By Animal Does Not Trigger Premises Liability

JACKSON, Miss. - A woman who fell and broke her arm while fleeing from a domestic goose cannot maintain a premises liability action against the owner of the premises where the accident occurred, the Mississippi Supreme Court ruled as a matter of first impression in a split en banc decision Dec. 11 (Jane...

Mealey's PI/Product Liability - Xarelto Federal Lawsuits Sent To MDL In Louisiana; Advertising Argument Fails

WASHINGTON, D.C. - Arguments that plaintiff attorney advertising is driving Xarelto litigation can't be considered a factor in deciding on centralization of more than 50 federal cases involving the prescription anticoagulant, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 12 (In...

Mealey's PI/Product Liability - Iowa Supreme Court Affirms Dismissal Of Developer's Warranty Claims Over Lot

DES MOINES, Iowa - The Iowa Supreme Court on Dec. 12 refused to extend the breach of implied warranty of workmanlike construction to a for-profit developer who sued another developer over the fill used to prepare an unimproved lot for construction, holding that only homeowners can assert such a claim...

Mealey's PI/Product Liability - Mass. Federal Judge Partially Dismisses Celexa/Lexapro Third-Party RICO Cases

BOSTON - A Massachusetts federal judge on Dec. 12 partially dismissed Racketeer Influenced and Corrupt Organizations Act actions filed by two health insurers seeking to represent a class of third-party payers who allegedly paid for fraudulent prescriptions for the antidepressants Lexapro and Celexa but...

Mealey's PI/Product Liability - Families Of Sandy Hook Shooting Victims File Suit Against Rifle Manufacturer

BRIDGEPORT, Conn. - The families of nine of the victims who died and a woman who was injured in the December 2012 school shooting at Sandy Hook Elementary School in filed suit in Connecticut state court Dec. 13 against Bushmaster Firearms International LLC, manufacturer of the rifle used in the assault...

Mealey's PI/Product Liability - Judge Finds Man Failed To State Claims Against Air Conditioner Maker

BIRMINGHAM, Ala. - A man who claims that Goodman Manufacturing Co. LP breached the limited warranty it issued with its heating, venting and air conditioning (HVAC) unit and fraudulently suppressed information about defective refrigerant coils failed to sufficiently state claims for relief, a federal...

Mealey's PI/Product Liability - Florida Federal Court Rejects Plaintiffs' Suggestions To Improve Jury Selection

JACKSONVILLE, Fla. - The process for jury selection in federal court cases stemming from the Engle class action is left to the discretion of the visiting judges who hear the cases, a three-judge panel of judges in the U.S. District Court for the Middle District of Florida ruled Dec. 11 (In re Engle Cases...

Mealey's PI/Product Liability - 4th Circuit Affirms Dismissal Of Stevens-Johnson Claim By Pro Se Plaintiff

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Dec. 15 affirmed dismissal of a Dexilant skin injury case brought by a pro se plaintiff (Monica L. Ball v. Takeda Pharmaceuticals America, Incorporated, et al., No. 13-2338, 4th Cir.; 2014 U.S. App. LEXIS 23506).

Mealey's PI/Product Liability - Federal Jury In Florida Returns Defense Verdict In Tobacco Injury Case

JACKSONVILLE, Fla. - A federal jury in Florida on Dec. 16 returned a defense verdict in a suit alleging that a Florida man's lung cancer and chronic obstructive pulmonary disease (COPD) were caused by his years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. and Philip Morris USA...

Mealey's PI/Product Liability - 3rd Circuit Panel Affirms Denial Of Diet Drug Heart Injury Claim

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Dec. 16 affirmed the denial of a diet drug heart valve injury settlement claim that was found to be medically unreliable (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine Products Liability Litigation, No. 14-1780, 3rd Cir.; 2014...

Mealey's PI/Product Liability - Massachusetts Federal Judge Denies Summary Judgment On Merchantability Issue

BOSTON - A class of smokers who want Philip Morris USA Inc. to pay for low-dose computer tomography (LDCT) to detect early signs of smoking-related diseases has not produced sufficient evidence to prove that the company could have marketed a safer cigarette, a federal judge in Massachusetts ruled Dec...

Mealey's PI/Product Liability - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National...

Mealey's PI/Product Liability - GM Vehicle Owners Ask Bankruptcy Court Not To Enforce Bankruptcy Shield

NEW YORK - Enforcement of a sale order and injunction entered as part of General Motors LLC's (New GM) acquisition of the assets of General Motors Corp. (Old GM) will violate the due process rights of plaintiffs in the ignition switch litigation against New GM, a group of GM vehicle owners argue...

Mealey's PI/Product Liability - 14 NECC Employees Indicted For Racketeering In Sale Of Contaminated Drugs

BOSTON - A federal grand jury on Dec. 16 indicted 14 people associated with New England Compounding Center (NECC) on charges of racketeering, conspiracy, mail fraud, selling adulterated and misbranded drugs, contempt, structuring and aiding and abetting (United States of America v. Barry J. Cadden, et...

Mealey's PI/Product Liability - Judge Won't Disqualify Chicago's Lawyer In Purdue Pharma Suit

CHICAGO - An Illinois federal judge on Dec. 15 denied a motion by Purdue Pharma L.P. to disqualify a lawyer and her law firm from representing Chicago in the city's lawsuit against the drug company for its marketing of opioids (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill...

Mealey's PI/Product Liability - Medical Experts Present Opposing Views On Smoker's COPD In Florida Suit

PALM BEACH, Fla. - Two pulmonologists presented opposing views of the medical history of a smoker who died of chronic obstructive pulmonary disease (COPD) to a Florida jury in a suit brought by his widow against R.J. Reynolds Tobacco Co., one saying that his death was caused by addiction to nicotine...

Mealey's PI/Product Liability - Illinois Judge Sends NCAA Concussion Class Settlement Back For Revision

CHICAGO - The federal judge overseeing the National Collegiate Athletic Association (NCAA) concussion litigation on Dec. 17 rejected a $75 million settlement of the class action, expressing concerns about the adequacy of the fund and other details of the agreement (In re National Collegiate Athletic...

Mealey's PI/Product Liability - Perini, MGM Resolve Lawsuit Over Construction Of CityCenter Project

LAS VEGAS - MGM Mirage Resorts International, CityCenter Holdings LLC and Infinity World Development Corp. on Dec. 16 agreed to pay $195 million to resolve a lawsuit brought by Perini Building Co. over the construction of the CityCenter project in Los Vegas, according to a Securities and Exchange Commission...