LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Tobacco Companies Ask D.C. Court To Set Aside FDA Guidance On Labeling

WASHINGTON, D.C. - Six tobacco companies filed suit against the U.S. Food and Drug Administration in the U.S. District Court for the District of Columbia April 14, contending that the agency's recent guidance related to label changes violates federal law and constitutes prior restraint in violation...

Mealey's PI/Product Liability - Former NFL Players Object To Brain-Injury Settlement In Pennsylvania Federal Court

PHILADELPHIA - A group of 32 class members in the brain-injury multidistrict litigation against the National Football League filed supplemental objections on April 13 to the proposed settlement of the class action in the U.S. District Court for the Eastern District of Pennsylvania (In re: National Football...

Mealey's PI/Product Liability - Toyota Seeks Dismissal Of Sudden Acceleration Suit In New York Federal Court

WHITE PLAINS, N.Y. - A plaintiff who lost an unintended acceleration suit in 2011 should not be allowed a "do over" by asserting a different product defect theory in a new complaint stemming from the same accident, Toyota Motor Sales USA Inc. argues in a motion to dismiss April 10 (Amir Sitafalwalla...

Mealey's PI/Product Liability - Tenant Is Not A Landowner Under Premises Liability Act, Colorado High Court Rules

DENVER - A clinic renting space at a medical campus is not a landowner within the meaning of the Colorado Premises Liability Act (PLA), the Colorado Supreme Court ruled April 13 (Barbara Jordan v. Panorama Orthopedics & Spine Center, No. 13SC545, Colo. Sup.; 2015 Colo. LEXIS 293).

Mealey's PI/Product Liability - Levaquin MDL Judge Issues Final Pretrial Order, Suggest Remand Of Cases

MINNEAPOLIS - After eight years of litigation, the Minnesota federal judge overseeing the Levaquin multidistrict litigation on April 14 issued his final pretrial order and suggested that five pro se cases be remanded to transferor courts for trial (In Re: Levaquin Products Liability Litigation, MDL Docket...

Mealey's PI/Product Liability - New York Bankruptcy Judge Finds Suits Against GM Barred By Sale Order

NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April...

Mealey's PI/Product Liability - NCAA, Class Representatives Urge MDL Judge To Approve Revised Settlement Proposal

CHICAGO - The National Collegiate Athletic Association (NCAA) and representatives of a class of student-athletes filed memoranda April 14 urging the federal judge overseeing concussion multidistrict litigation against the NCAA to approve a new settlement proposal (In re National Collegiate Athletic Association...

Mealey's PI/Product Liability - Core False Claims Act Claims Against Cephalon Survive Dismissal

PHILADELPHIA - A Pennsylvania federal judge on April 15 denied dismissal of the core allegations in a False Claims Act lawsuit filed against Cephalon Inc. by three former employees who allege that the company engaged in off-label marketing of the wakefulness drug Provigil and its successor, Nuvigil ...

Mealey's PI/Product Liability - Florida High Court: Defendants Not Entitled To Fees In Medical Malpractice Case

TALLAHASSEE, Fla. - A settlement proposal rejected by the plaintiff in a medical malpractice case did not meet the requirements under Florida law for an award of attorney fees and costs to the defendant following the entry of a defense verdict, the Florida Supreme Court ruled in a split decision April...

Mealey's PI/Product Liability - Appeals Court Upholds Ruling Finding Defects Suits Against Contractor Untimely

PHOENIX - An Arizona Court of Appeals panel on April 14 affirmed a trial court judge's ruling finding that lawsuits brought by a condominium association and doctors who purchased units for their office space were barred by the state's two-year statute of limitations for negligence claims, holding...

Mealey's PI/Product Liability - Massachusetts High Court Affirms $63M Children's Motrin Verdict For Child, Parents

BOSTON - The Massachusetts Supreme Judicial Court on April 17 affirmed a $63 million Children's Motrin verdict, finding that the plaintiffs' warning claim is not preempted, that its key expert was qualified to testify about causation and that the awards for the victim and her parents were not...

Mealey's PI/Product Liability - No Diversity Jurisdiction In Suit Against Tribe, Mississippi Federal Judge Rules

JACKSON, Miss. - A Native American tribe is not a citizen of any state for purposes of diversity of jurisdiction and is therefore not subject to the jurisdiction of a federal court in a wrongful death action stemming from an accident at a tribe-owned casino, a federal judge ruled April 17 (Kenny Payne...

Mealey's PI/Product Liability - Defense Verdict Returned In Purported 1st Zoloft Birth Defect Trial

ST. LOUIS - A Missouri state court jury on April 17 returned a defense verdict in a Zoloft birth defect trial said by the parties to be the first trial of its kind in the nation (Kristyn Pesante, et al. v. Pfizer, Inc., No. 122-CCO-2441-01, Mo. Cir., St. Louis City.).

Mealey's PI/Product Liability - GM Must Produce Some Documents, Can Retrieve Others, MDL Judge Rules

NEW YORK - The federal judge overseeing the multidistrict ignition switch litigation against General Motors LLC (GM) entered an order April 17 requiring GM to produce documents already turned over to governmental agencies and Congress but allowing the automaker to retrieve any documents that were inadvertently...

Mealey's PI/Product Liability - 10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress

DENVER - In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff's claim alleging off-label promotion and use of Medtronic Inc.'s Infuse bone graft system is preempted by federal law and congressional intent (Patricia Caplinger v. Medtronic,...

Mealey's PI/Product Liability - Cleanroom Maker, Insurer To Pay $1M For Victims In Fungal Meningitis Outbreak

BOSTON - The manufacturer of pharmaceutical cleanrooms and its insurer will pay $1 million to settle allegations that defective cleanrooms contributed to a nationwide outbreak of fungal meningitis, according to a settlement agreement proposed April 20 by a bankruptcy trustee (In Re: New England Compounding...

Mealey's PI/Product Liability - Equitable Tolling Applies To Suits Under FTCA, Split Supreme Court Rules

WASHINGTON, D.C. - The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision (United States v. Kwai Fun Wong, No. 13-1074 and United States v. Marlene...

Mealey's PI/Product Liability - Florida Jury Awards $46.5 Million To Longtime Smoker With COPD

FORT LAUDERDALE, Fla. - A state court jury awarded $25 million in punitive damages April 21 to a man who alleged that his chronic obstructive pulmonary disease (COPD) was caused by his 40 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. (Thomas Ryan v. R.J. Reynolds Tobacco Co.,...

Mealey's PI/Product Liability - Minnesota Appeals Court: Some Infuse Claims Are Preempted; Others Aren't

ST. PAUL, Minn. - A Minnesota state appeals court panel on April 20 held that failure-to-warn and design defect claims involving off-label promotion of Medtronic Inc.'s Infuse bone growth protein are preempted by federal law but claims based on failure to timely report adverse events and breach of...

Mealey's PI/Product Liability - MDL Judge Approves Settlement Of Brain Injury Class Action Against NFL

PHILADELPHIA - The federal judge overseeing the multidistrict litigation against the National Football League on April 22 gave final approval to a settlement of the litigation that makes upward of $765 million available to former players who suffer from brain injuries (In re: National Football League...

Mealey's PI/Product Liability - Florida Jury Returns Verdict For Reynolds, Philip Morris In COPD Suit

MIAMI - A Florida state court jury returned a defense verdict April 23 in a suit alleging that a woman's chronic pulmonary disease (COPD) and death were caused by her more than 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. (Tina Russo, et al....

Mealey's PI/Product Liability - C.R. Bard Asks 4th Circuit To OK 510(k) Evidence In Pelvic Mesh Trials

RICHMOND, Va. - Plaintiffs who won $2 million in the first C.R. Bard Inc. pelvic mesh trial on April 21 opposed a defense motion to expedite review by the Fourth Circuit U.S. Court of Appeals of a multidistrict litigation court's exclusion of the so-called 510(k) defense (Donna Cisson, et al. v....

Mealey's PI/Product Liability - Family Of NFL Player Seeks Transfer Of Suit To California Federal Court

PHILADELPHIA - The family of former professional football player Junior Seau on April 22 asked the federal judge overseeing the multidistrict litigation against the National Football League to schedule a status conference to discuss their request to transfer their wrongful death action to the U.S. District...

Mealey's PI/Product Liability - Idaho Appeals Court Reinstates Suit Against Owner Of Biting Dog

BOISE, Idaho - A state trial judge erred in entering summary judgment for the owner of a dog who bit a visitor to her home after being involved in two previous incidents, an Idaho appeals court ruled April 21 (Stephen Boswell, et al. v. Amber Dawn Steele, et al., No. 41684, Idaho App.).

Mealey's PI/Product Liability - Tennessee Appeals Court Reverses Ruling Awarding Damages To Builder

KNOXVILLE, Tenn. - A Tennessee Court of Appeals panel on April 23 overturned a trial court's ruling awarding $4,103 to a home builder after finding that a couple should not be required to pay the defendant for work it performed to repair defective work (Richard Harkleroad, et al. v. Frontier Building...