LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Summary Judgment Denied In Prozac Birth Defect Case Despite Missing Evidence

MONTGOMERY, Ala. - Although a Prozac birth defect plaintiff has limited evidence that she took the drug and although the prescribing physician is dead, an Alabama federal judge on July 20 denied Eli Lilly & Co.'s motion for summary judgment for lack of product identification and the learned intermediary...

Mealey's PI/Product Liability - Takata, Auto Manufacturers Move To Dismiss Complaints In Air Bag Litigation

MIAMI - Takata Corp. and seven auto manufacturers filed separate motions on July 17 to dismiss the second amended complaint filed by economic loss plaintiffs in the multidistrict air bag litigation in the U.S. District Court for the Southern District of Florida (In re: Takata Airbag Products Liability...

Mealey's PI/Product Liability - Insurer Has No Duty To Defend Negligent Supervision Claim, Panel Says, Reverses

TRENTON, N.J. - A New Jersey appeals panel on July 20 reversed a lower court's ruling that a homeowners insurer has a duty to defend its insureds against a negligent supervision claim stemming from sexual molestation claims against their teenage son, vacating the court's award of $44,656.32 in...

Mealey's PI/Product Liability - Judge Again Rejects Cymbalta Consumer Class Action Based On Withdrawal Risks

LOS ANGELES - A California federal judge on July 21 again denied certification of consumer class actions for purchasers of the antidepressant Cymbalta (Jennifer L. Saavedra, et al. v. Eli Lilly and Company, No. 12-9366, C.D. Calif.).

Mealey's PI/Product Liability - Missouri Court Affirms Dismissal Of Premises Claim; Negligence Claim To Proceed

ST. LOUIS - A trial judge did not err in entering summary judgment on a premises liability claim brought by an independent contractor who was injured while working in a hospital building, but unresolved questions of fact remain as to the contractor's claim of general negligence against the hospital...

Mealey's PI/Product Liability - Avandia MDL Judge Rules Illinois Plaintiff Attorney Must Pay Common Fees

PHILADELPHIA - An Illinois plaintiff law firm implicitly agreed to used common benefit work product from the Avandia multidistrict litigation and its settled state court cases are subject to the MDL court's 7 percent common benefit assessment, a judge in the U.S. District Court for the Eastern District...

Mealey's PI/Product Liability - Risk Of Diving Into Lake Was Obvious, Michigan Appeals Court Rules

ELGIN, Ill. - The danger posed by diving into a lake was open and obvious; therefore, the operator of a recreational resort owed no duty of care to a man who suffered a broken neck after diving off a pier, the Illinois Second District Appellate Court ruled July 21 (Krysztof Bujnowski v. Birchland Inc...

Mealey's PI/Product Liability - Florida Appeals Court Upholds Amendments To Medical Malpractice Statute

TALLAHASSEE, Fla. - Amendments to the medical malpractice presuit notice sections of Florida Statutes Sections 766.106 and 766.1065 are constitutional and are not preempted by federal law, the First District Florida Court of Appeal ruled July 21 (Emma Gayle Weaver, et al. v. Stephen C. Myers, et al....

Mealey's PI/Product Liability - Judge: Insurer Has Duty To Defend Produce Supplier In Product Liability Dispute

ROCHESTER, N.Y. - Because there is no evidence that a produce supplier intended or expected its apples to be contaminated and the apples were incorporated into an underlying claimant's baby food, the resulting damage to the baby food arose out of an occurrence and, therefore, an insurer has a duty...

Mealey's PI/Product Liability - False Claims Can Be Brought For Cephalon's Violations Of Integrity Agreement

PHILADELPHIA - Three relators can assert false claim allegations that Cephalon Inc. violated a corporate integrity agreement (CIA) by engaging in off-label marketing of the wakefulness drug Provigil and its successor, Nuvigil, a Pennsylvania federal judge ruled July 21 (United States of America, ex rel...

Mealey's PI/Product Liability - GM Bankruptcy Judge Denies Motions For Relief From Ruling Barring Suits

NEW YORK - The judge overseeing the General Motors Corp. (Old GM) bankruptcy proceedings on July 22 rejected a challenge to his ruling enforcing a sale order and injunction barring hundreds suits against General Motors LLC (New GM) alleging personal injury and economic loss as a result of ignition-switch...

Mealey's PI/Product Liability - New Trial Ordered In Children's Tylenol Death Due To Juror's Web Search

LOS ANGELES - A California federal judge on July 22 granted a motion for a new trial in a Children's Tylenol bacterial infection wrongful death case after finding a "reasonable possibility" that extraneous information reviewed by one juror influenced the 2014 defense verdict (Peter Robertson...

Mealey's PI/Product Liability - Florida Jury Returns $14.5M Verdict For Woman With Oral Cavity Cancer

MIAMI - A Florida state court jury awarded $14.5 million July 23 to a woman who alleged that her oral cavity cancer was caused by her 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. (Carmenza Merino v. Philip Morris USA Inc., No. 08-1287-CA-25, Fla. 11th Jud. Cir., Miami-Dade Co...

Mealey's PI/Product Liability - MI Windows MDL Judge Awards $7.9M To Homeowners' Attorneys

CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation over allegedly defective windows made by MI Windows & Doors Inc. (MIWD) on July 23 awarded $7.9 million in fees and costs to attorneys representing homeowners who purchased the windows, after finding that the rates charged...

Mealey's PI/Product Liability - 3rd Circuit Vacates Class Certification In Volvo Sunroof Suit

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on July 22 vacated the certification of several state classes in a lawsuit accusing Volvo Cars of North America LLC and Volvo Car Corp. of selling cars with faulty sunroofs and remanded for further analysis and definition by the trial court ...

Mealey's PI/Product Liability - Expert In Ladder Fall Case Qualified; Opinions Reliable, Judge Determines

DETROIT - A mechanical engineer can testify as an expert witness that the design of a portable tree-climbing ladder caused the injuries of a hunter who fell from the ladder because the expert is qualified and his opinions are reliable and relevant, a Michigan federal judge held July 23 (Patrick Valente...

Mealey's PI/Product Liability - Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer

FORT LAUDERDALE, Fla. - Trial got under way with opening statements on July 22 in a suit alleging that a woman's death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. (Lillian Kaplan v. R.J. Reynolds Tobacco Co., No. 08-19469, Fla. 17th...

Mealey's PI/Product Liability - MDL Judge Approves MI Windows Settlement, Certifies Classes

CHARLESTON, S.C. - A federal judge in South Carolina presiding over 18 lawsuits involving water intrusion caused by allegedly defective windows made by MI Windows & Doors Inc. (MIWD) on July 22 entered final approval for homeowners who suffered water damage to their homes and contractors who installed...

Mealey's PI/Product Liability - Bard Pays Medtronic $121M To Settle Pelvic Mesh Supplier Claims

MURRAY HILL, N.J. - Pelvic mesh manufacturer C.R. Bard said July 24 that it has agreed to pay Medtronic Inc. $121 million to settle supplier claims, Bard said in a Form 10-Q report filed with the U.S. Securities and Exchange Commission.

Mealey's PI/Product Liability - Mirena Eye Injury Lawsuit Mostly Survives Dismissal In Kentucky Federal Court

LOUISVILLE, Ky. - A Kentucky federal judge on July 23 dismissed a plaintiff's breach of implied warranty claim in her Mirena eye injury case, but denied dismissal of her strict liability and negligent misrepresentation claims (Kara Stanley v. Bayer Healthcare Pharmaceuticals Inc., et al., No. 15...

Mealey's PI/Product Liability - FDA: Gadolinium May Remain In Brain After Multiple MRIs

SILVER SPRING, Md. - The Food and Drug Administration on July 27 said it is investigating the risk of deposits of the contrast agent gadolinium in human brains after repeated use.

Mealey's PI/Product Liability - Most Opinions Of Accident Reconstructionist Valid, Missouri Federal Judge Says

ST. LOUIS - An accident reconstruction expert can offer several opinions on who caused a crash between a tractor-trailer and a car but cannot opine about gouge marks in the road at the crash scene because such testimony is too speculative, a Missouri federal judge ruled July 24 (Diana Boren, et al. v...

Mealey's PI/Product Liability - Chrysler To Pay Up To $105 Million For Violations Of Motor Vehicle Safety Act

WASHINGTON, D.C. - The National Highway Traffic Safety Administration (NHTSA) July 26 announced the entry of a consent order in which FCA US LLC, also known as Chrysler Group (Chrysler), is held liable for as much as $105 million in civil penalties for violations of the Motor Vehicle Safety Act's...

Mealey's PI/Product Liability - Judge Won't Reconsider Consumer Fraud Ruling Against Purdue Pharma

CHICAGO - An Illinois federal judge on July 27 denied a motion by Purdue Pharma L.P. to reconsider his order denying dismissal of consumer fraud claims brought by the City of Chicago and denied Chicago's motion to clarify the motion dismissing claims against six other opioid manufacturers (City of...

Mealey's PI/Product Liability - Judge In GM MDL Denies Broad-Based Order Protecting Pretrial Discovery Materials

NEW YORK - The federal judge overseeing the multidistrict ignition-switch litigation against General Motors LLC (New GM) on July 24 denied the automaker's request for a broad-based order enjoining the use of pretrial discovery materials for nonlitigation purposes (In re: General Motors LLC Ignition...