LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Massachusetts High Court Extends 'Mode Of Operation' Approach To Nightclub

BOSTON - The "mode of operation" approach extends to premises liability suits stemming from slip-and-fall accidents occurring outside the context of self-service establishments, the Massachusetts Supreme Judicial Court ruled unanimously on June 23 (Angela Sarkisian v. Concept Restaurants Inc...

Mealey's PI/Product Liability - Appeals Court Upholds Ruling Denying Request To Vacate Arbitration Award

LOS ANGELES - A California judge's decision to deny a woman's request to vacate an arbitrator's decision to award $1,707.11 to a contractor accused of faulty workmanship during renovations to her home was affirmed by a state appeals panel on June 22; it found that the judge did not err in...

Mealey's PI/Product Liability - Judge Applies Maritime Law To Asbestos Case, Finds Bare Metal Defense Bars Claims

NEWARK, N.J. - Maritime law governs cases arising from dry dock work, and the bare metal defense bars the negligence and strict liability claims, a federal judge in New Jersey held June 24 (Kenneth T. Shearer and Barbara Shearer v. A.W. Chesterton Co., et al., No. 13-5887, D. N.J.; 2015 U.S. Dist. LEXIS...

Mealey's PI/Product Liability - Indiana Appeals Court Strikes Exception To No-Smoking Ordinance

INDIANAPOLIS - An exception to the Indianapolis no-smoking ordinance for satellite facilities constitutes unconstitutional disparate treatment, the Indiana Court of Appeals ruled June 24 (Whistle Stop Inn Inc., et al. v. City of Indianapolis, et al., No. 49A02-1407-MI-519, Ind. App.).

Mealey's PI/Product Liability - Judge Denies Sanctions; Asbestos Case Settles After 5 Days Of Trial

WILMINGTON, Del. - Ford Motor Co. and a woman who claims that it fatally exposed her husband to asbestos settled the action after five days of trial, according to a June 24 docket entry. The federal judge overseeing the case previously declined to sanction Ford for failing to produce certain documents...

Mealey's PI/Product Liability - Judge Admits Deposition, But Motions To Exclude Experts Net Mixed Results

NEW ORLEANS - A Louisiana federal judge on June 25 allowed an industrial hygienist's asbestos-exposure testimony, over defense complaints that he lacked sufficient experience with mastics or adhesives. The judge previously admitted deposition testimony finding that an insurer's interests were...

Mealey's PI/Product Liability - Expert Testimony In Hunting Accident Case Admissible, Judge Rules

BOSTON - A professional engineer expert can testify about the design of a metal treestand that broke when a deer hunter stepped on it, sending the hunter falling to the ground, because the expert is sufficiently qualified and his testimony is relevant and reliable, a Massachusetts federal judge ruled...

Mealey's PI/Product Liability - Court Affirms Judgment For Employer In Asbestos Case

LOS ANGELES - A trial court properly concluded that an employer shifted the burden of summary judgment and that plaintiffs failed to create triable issues, a California appeals court held June 24 (Teresa Quiroz, et al. v. BNSF Railway Co., No. B250165, Calif. App., 2nd Dist.; 2015 Cal. App. Unpub. LEXIS...

Mealey's PI/Product Liability - Arizona Appeals Court Orders Trial Court To Re-Examine Due Process Issue

PHOENIX - An Arizona appeals panel on June 25 ordered a state court judge to determine if a construction company waived its due process rights when entering into a contract that required it to resolve any disputes through the Arizona Board of Regents' (ABOR) administrative procedures, ruling that...

Mealey's PI/Product Liability - Woman Injured On Escalator May Proceed With Suit, Illinois Federal Judge Rules

CHICAGO - A woman who was injured when an escalator stopped suddenly, causing her to fall, has alleged sufficient facts to put the company that maintained the escalator on notice of her allegations against it, a federal judge ruled June 25 (Antoinette Calvert v. Office Depot Inc., No. 14-6145, N.D. Ill...

Mealey's PI/Product Liability - Utility Should Be Liable For Injury, Contractor Tells Pennsylvania Supreme Court

HARRISBURG, Pa. - An appeals court improperly vacated a $4.6 million award against a Pennsylvania utility company, a man who was injured while working as a contractor on poles owned by the utility argues in a brief filed in the Pennsylvania Supreme Court on June 25 (Vincent P. Nertavich Jr. v. PPL Electric...

Mealey's PI/Product Liability - Bare Metal Defense Frees 3 From Asbestos Action; Judge Remands Case

NEWARK, N.J. - The bare metal defense entitles three product manufacturers to summary judgment, a judge said before remanding the remainder of the asbestos action on June 26 (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2015 U.S. Dist. LEXIS 83154, 2015 U.S. Dist...

Mealey's PI/Product Liability - Lack Of Liability Expert Dooms Most Negligence Claims, Federal Judge Rules

MADISON, Wis. - A police officer injured in a training exercise cannot succeed on most of his theories of negligence asserted against a tactical training company because he failed to provide an expert witness to prove negligence, a Wisconsin federal judge held June 26 in granting in part the training...

Mealey's PI/Product Liability - Widow Of Amtrak Passenger Files Wrongful Death Suit In Pennsylvania Federal Court

PHILADELPHIA - The wife of a man killed in the May 12 derailment of an Amtrak passenger train filed suit in federal court on June 29 on her own behalf and on behalf of her husband's estate (Danna Gildersleeve, et al. v. National Railroad Passenger Corp. a/k/a Amtrak, No. 2:15-cv-03626, E.D. Pa.)...

Mealey's PI/Product Liability - GM Plaintiffs Urge MDL Judge To Deny Automaker's Motion For Protective Order

NEW YORK - There is "no good cause" for the entry of a protective order preventing the disclosure of information produced in the pretrial phase of the multidistrict litigation against General Motors LLC (New GM), the ignition-switch plaintiffs argue in a brief filed in the U.S. District Court...

Mealey's PI/Product Liability - Delaware Court Dismisses Derivative Claims Against General Motors' Directors

WILMINGTON, Del. - The directors of General Motors Co. (GM) are not subject to derivative claims brought by shareholders stemming from the litigation arising from ignition-switch defects in the automaker's vehicles, the Delaware Court of Chancery ruled June 26 (In re: General Motors Co. Derivative...

Mealey's PI/Product Liability - Court: California Sales Don't Get Asbestos Fiber Broker Out Of Washington Courts

SEATTLE - A broker need not know asbestos would end up in pipe used in Washington because the volume of sales suggested the fibers would enter the stream of commerce, a state appeals court held June 29 in reversing dismissal (Candance Noll, et al. v. American Biltrite Inc., et al., No. 71345-1-I, Wash...

Mealey's PI/Product Liability - Judge Excludes 'Every Exposure' Testimony From Asbestos Trial

RALEIGH, N.C. - A judge overseeing an asbestos case nearing trial on June 29 barred an expert from testifying that "every exposure" leads to disease and excluded another expert's testimony regarding causation, finding it insufficiently specific (Graham Yates and Becky Yates v. Ford Motor...

Mealey's PI/Product Liability - Toyota, Plaintiffs Ask California Federal Judge To Approve Settlement Proposal

LOS ANGELES - Class plaintiffs in a suit alleging that the electric power steering (EPS) system in certain Toyota Corollas is defective joined the automaker June 26 in asking a federal judge to grant preliminary approval of a proposed settlement (Irene Corson, et al. v. Toyota Motor Sales U.S.A. Inc...

Mealey's PI/Product Liability - Illinois Court Won't Reconsider Immunity For Doctors, Hospital In Negligence Suit

CHICAGO - A state appeals court June 26 denied reconsideration of its ruling affirming the entry of summary judgment for several physicians and a hospital in a suit alleging medical malpractice and violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) (Koni Johnson v. Christine Pabin...

Mealey's PI/Product Liability - Judge Allows Expert Opinion On ACA Impact On Class Status, Decertifies Class

PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL...

Mealey's PI/Product Liability - Judge Remands Veteran's Asbestos-Related Throat Cancer Case For Reconsideration

WASHINGTON, D.C. - An appeals board provided inadequate support for denying a veteran's claim that asbestos exposure led him to contract throat cancer, an appeals court judge held June 30 (James R. Kowalew v. Robert A. McDonald, Secretary of Veterans Affairs, No. 14-0869, U.S. App., Vet. Clms.; 2015...

Mealey's PI/Product Liability - Amtrak Joins Plaintiffs In Seeking Philadelphia MDL For Derailment Actions

PHILADELPHIA - The National Railroad Passenger Corp. (Amtrak) on June 30 joined in the request of 16 plaintiffs to consolidate in the U.S. District Court for the Eastern District of Pennsylvania all suits stemming from the May 12 derailment of an Amtrak passenger train in Philadelphia (In re Amtrak Train...

Mealey's PI/Product Liability - Colorado Judge Awards Attorney Fees To Makers Of Gun-Related Equipment

DENVER - A federal judge on June 17 awarded attorney fees to three online sellers of gun-related equipment following the dismissal of a suit brought by the parents of a woman who was killed in the July 2012 mass shooting at an Aurora, Colo., movie theater (Sandy Phillips, et al. v. Lucky Gunner LLC,...

Mealey's PI/Product Liability - La. Appeals Court: Drainage Issue Not Covered By New Home Warranty Act

SHREVEPORT, La. - A Louisiana Court of Appeals panel on July 1 upheld a trial court's decision ordering a builder to pay $15,269 to remedy a drainage issue at a woman's home, ruling that the defect was not excluded from coverage under Louisiana's New Home Warranty Act (NHWA) (Debbie Shepard...