LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Defendant In Paulsboro Train Derailment Case Says Punitive Damages Claims Fail

CAMDEN, N.J. - One of the railroad company defendants being sued by New Jersey residents seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on May 22 filed a brief in New Jersey federal court contending that punitive damages should not...

Mealey's PI/Product Liability - FTC Accepts Reynolds' Divestiture Offer, Allows Lorillard Merger To Proceed

WASHINGTON, D.C. - The U.S. Federal Trade Commission on May 26 accepted the offer of Reynolds American Inc. to sell four of its brands to British cigarette manufacturer Imperial Tobacco Group to settle charges that its proposed merger with Lorillard Inc. would likely be anti-competitive (In the Matter...

Mealey's PI/Product Liability - Mother Files Suit In Pennsylvania Court For Son's Death From Falling Dresser

PHILADELPHIA - The mother of a 2-year-old boy who died when a bedroom dresser tipped over, crushing him, filed suit May 21 in state court against the Ikea Group, which sold her the dresser, alleging design defect and negligence on the part of the retailer (Jacquelyn Collas, Individually and as Administratrix...

Mealey's PI/Product Liability - Florida Jury Says Smoker Not Addicted, Returns Defense Verdict

PENSACOLA, Fla. - A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking (Ethel Gray, et al. v. R.J...

Mealey's PI/Product Liability - Zohydro Restriction Case Stayed Pending FDA Approval Of New Label

BOSTON - A Massachusetts federal judge on May 26 stayed a Zohydro ER regulation lawsuit pending final Food and Drug Administration action on new labeling for the opioid (Zogenix, Inc. v. Deval Patrick, et al., No. 14-11689, D. Mass.).

Mealey's PI/Product Liability - Minnesota Appeals Court Upholds Ruling Awarding Summary Judgment In Defects Case

MINNEAPOLIS - A Minnesota appeals panel on May 26 affirmed a trial court judge's decision to award summary judgment to a home builder accused of construction defects, finding that the judge did not err in finding that the plaintiff's breach of contract claim was barred by the doctrine of merger...

Mealey's PI/Product Liability - Study: Third-Generation Birth Control Pills Have Higher Blood Clot Risk

LONDON - Third-generation birth control pills containing desogestrel, gestodene, cyproterone and drospirenone have twice the risk of venous thromboembolism as older-general oral contraceptives and 3.6 to 4.3 times the risk of blood clots compared to women who don't use oral contraception, according...

Mealey's PI/Product Liability - Federal Judge Sanctions Asbestos Attorney For Expert Testimony Blunder

SAN FRANCISCO - An attorney acted in bad faith when he asked an asbestos expert about the connection between the plaintiff's chemotherapy and his renal failure after telling the court that such questioning was off the table, a federal judge in California held May 26 (Barry Kelly and Molly Kelly v...

Mealey's PI/Product Liability - Asbestos Exposure, Not Disease Is Injury; Witnessing It Not Compensable, Judge Says

NEW ORLEANS - Asbestos exposure and not the resulting mesothelioma constitutes injury for the purposes of mental anguish damages, but even assuming plaintiffs witnessed the exposure, the event is not the type of traumatic event for which Louisiana makes such damages available, a federal judge held May...

Mealey's PI/Product Liability - Proper Service Allows Later Service On Other Defendants, Utah Top Court Says

SALT LAKE CITY - The plain language of Utah law permits service on a defendant up until the time of trial, as long as a single defendant is properly served within the 120-day limit, the Utah Supreme Court held May 22 (Barbara St. Jeor v. Kerr Corp., No. 20130913, Utah Sup.; 2015 Utah LEXIS 171).

Mealey's PI/Product Liability - Parties Brief Need For Stay During Appeal Of Remand Order In Asbestos Case

NEW ORLEANS - A shipmaker and a woman who alleges asbestos exposure from laundering clothing briefed a federal judge in Louisiana on May 26 on whether he must stay an asbestos case set for trial on June 22 during appeal of his remand order (Mary Jane Wilde v. Huntington Ingalls Inc., et al., No. 15-1486...

Mealey's PI/Product Liability - Some Testimony Admissible, Some Not Timely In Lexapro Suicide Suit, Judge Rules

CHICAGO - While one causation expert cannot offer an opinion on labeling for the antidepressant drug Lexapro in a wrongful death action filed by the father of a man who committed suicide after taking the drug because the expert's report was untimely, another causation expert can testify that Lexapro...

Mealey's PI/Product Liability - $38M Verdict Returned In Missouri Depakote Birth Defect Case

ST. LOUIS - A Missouri state court jury on May 27 awarded $23 million in punitive damages in a Depakote birth defect case, adding to the $15 million in compensatory damages the jury awarded May 26, a source told Mealey Publications (Miasia Barron, et al. v. Abbott Laboratories, Inc., et al., No. 1222...

Mealey's PI/Product Liability - Comedian Tracy Morgan Settles Suit Against Wal-Mart In New Jersey Federal Court

TRENTON, N.J. - Actor-comedian Tracy Morgan indicated in court papers May 27 that he and two other plaintiffs have settled their suit against Wal-Mart Stores Inc. stemming from an accident involving a tractor-trailer owned by the retailer for an undisclosed amount (Tracy Morgan, et al. v. Wal-Mart Stores...

Mealey's PI/Product Liability - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing...

Mealey's PI/Product Liability - Propecia Clinical Investigator May Face Contempt For Ignoring MDL Subpoena

BROOKLYN, N.Y. - A doctor who was the principal investigator in clinical trials studying the use of Propecia to treat enlarged prostate glands may face a contempt of court citation for allegedly ignoring a subpoena from plaintiffs in a New York multidistrict litigation, according to a May 26 motion and...

Mealey's PI/Product Liability - Mississippi Dismisses Common Benefit Fee Appeal In GranuFlo / NaturaLyte MDL

BOSTON - Mississippi has voluntarily dismissed its common benefit fee appeal in the Fresenius GranuFlo/NaturaLyte multidistrict litigation after the MDL court clarified that the state is not subject to a common benefit assessment, according to a May 26 judgment by the First Circuit U.S. Court of Appeals...

Mealey's PI/Product Liability - Arizona Jury Awards $2.5 Million To Estate Of Nursing Home Resident

PHOENIX - An Arizona state court jury on May 22 awarded $2.5 million to the estate of a woman who contracted Methicillin-resistant Staphylococcus aureus (MRSA) after developing a bedsore while in a nursing home (The Estate of Doris L. Cote, et al. v. Five Star Quality Care Inc., et al., No. CV2012-094285...

Mealey's PI/Product Liability - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris,...

Mealey's PI/Product Liability - Pennsylvania Negligence Law Permits Component-Part Liability, Federal Judge Says

PHILADELPHIA - While Pennsylvania does not impose strict liability for third-party parts, a product manufacturer who knows the hazards posed by asbestos-containing parts originally supplied with its product always has a duty to warn about replacement parts under Pennsylvania negligence law, the judge...

Mealey's PI/Product Liability - Judge Declines To Strike Challenge To 'Every Exposure' Asbestos Expert

RALEIGH, N.C. - While the defendants' briefs focused primarily on "every exposure" testimony from one expert, this was sufficient to put asbestos plaintiffs on notice that the defendants intended to challenge similar testimony from a second expert, a federal judge in North Carolina held...

Mealey's PI/Product Liability - Judge: Lack Of Credible Expert Testimony Dooms Claims Over Broken Arrow

LOUISVILLE, Ky. - An expert's testimony about the safety warning label on an arrow is irrelevant and unreliable, so the arrow maker is entitled to summary judgment on strict liability and negligence claims filed by a man who was injured when an arrow he was shooting broke in two as he released it...

Mealey's PI/Product Liability - Cephalon, Teva Will Settle Antitrust Claims With $1.2 Billion Payout

PHILADELPHIA - On the eve of a planned June 1 trial, the Federal Trade Commission and Cephalon Inc. announced May 28 a $1.2 billion settlement in their long-running antitrust battle over reverse payments made in connection with the patented prescription sleep-disorder drug Provigil (Federal Trade Commission...

Mealey's PI/Product Liability - Pennsylvania Supreme Court Denies Review Of Defense Verdict In Ford Rollover Suit

HARRISBURG, Pa. - The Pennsylvania Supreme Court May 27 denied review of an appeals court ruling upholding a jury verdict for Ford Motor Co. in a suit alleging that design defects in the roof and restraint system in a 2001 Ford Excursion SUV contributed to the injuries suffered by a young girl in a rollover...

Mealey's PI/Product Liability - Bankruptcy Judge To Stay Suits Against GM Pending Appeal Of Sale Order Ruling

NEW YORK - The judge overseeing the General Motors Corp. (Old GM) bankruptcy proceedings said May 27 that he will stay dozens of ignition-switch suits against General Motors LLC (New GM) in the wake of his earlier ruling that the bulk of the suits are barred by a sale order and injunction entered in...