LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - New York Justice Grants In Part Subcontractors' Motion To Dismiss Contractor's Suit

NEW YORK - A New York state court justice on Jan. 29 granted motions by 15 subcontractors seeking dismissal of a general contractor's third-party claims for breach of contract and contractual indemnification, finding that two indemnification clauses in the contracts between the parties did not include...

Mealey's PI/Product Liability - Judge: Plaintiff Can't Show That Exposure To Third-Party Parts Was Inevitable

CHARLESTON, S.C. - A plaintiff lacks sufficient evidence that a manufacturer incorporated asbestos-containing gaskets into its product in a way that made exposure "inevitable," a federal judge in South Carolina held Jan. 27 (Linda T. Dandridge, et al. v. Crane Co., et al., No. 12-484, D. S...

Mealey's PI/Product Liability - Japanese Court Awards 216M Yen To 27 Workers Exposed To Asbestos

KYOTO, Japan - Nine manufacturers and the government owe 27 individuals 216 million yen for failing to warn about or prevent exposure to asbestos, a Japanese court found Jan. 29, Mealey Publications has learned.

Mealey's PI/Product Liability - Missouri Jury Deliberating In 2-Defendant Pelvic Mesh Case

KANSAS CITY, MO. - A Missouri state court jury on Feb. 1 began deliberating a woman's claims that she was injured by pelvic mesh implants made by Boston Scientific Corp. and C.R. Bard Inc. (Eve Sherrer v. Truman Medical Center Inc., et al., No. 1216-CA27879, Mo. Cir., Jackson Co.).

Mealey's PI/Product Liability - Whistle-Blower Gets $12.1M From $46.1M Settlement With Specialty Pharmacy

NEW YORK - A whistle-blower whose False Claims Act complaint resulted in a $46.16 million settlement between the United States and specialty pharmacy Accredo Health Group Inc. will received $12.19 million as his share of the recovery, according to a stipulation and order signed by a New York federal...

Mealey's PI/Product Liability - NTSB Releases Trove Of Documents From Philadelphia Amtrak Crash

WASHINGTON, D.C. - The National Transportation Safety Board (NTSB) on Feb. 1 released more than 2,000 pages of documents detailing its investigation into May 5 Amtrak derailment in Philadelphia that killed eight people and injured more than 200 others, however the documents do not point to a clear reason...

Mealey's PI/Product Liability - Prempro Breast Cancer Complaint Dismissed On Pleading Shortcomings

MIAMI - A Florida federal judge on Feb. 1 dismissed without prejudice a woman's claim that Prempro hormone replacement therapy caused her to develop breast cancer (Maggie Tsavaris v. Pfizer, Inc., et al., No. 15-21826, S.D. Fla.; 2016 U.S. Dist. LEXIS 11465).

Mealey's PI/Product Liability - Company Tells Georgia Top Court State Doesn't Recognize Duty To Household Members

ATLANTA - A product manufacturer cannot be liable for the asbestos exposure of household members who never used, worked near or even encountered the products in question, CertainTeed Corp. tells the Georgia Supreme Court in a Feb. 1 brief urging it to reject imposition of such a duty (CertainTeed Corp...

Mealey's PI/Product Liability - Crane Co.: Punitives Claim Upsets Decades Of Asbestos Litigation Precedent

PHILADELPHIA - Plaintiffs are trying to circumvent the decades-long deferral of punitive damages in the federal asbestos multidistrict litigation under which the parties prepared for trial, Crane Co. told a federal judge Feb. 2 (Lynn C. Dobrick, et al. v. Foster Wheeler LLC, et al., No. 10-3202, E.D...

Mealey's PI/Product Liability - Boeing Tells 3rd Circuit Military Rejection Of Warnings Not Needed For Removal

PHILADELPHIA - Adherence to government specifications are enough for removal, and a defendant need not show the military rejected asbestos-related warnings, an aircraft manufacturer tells the Third Circuit U.S. Court of Appeals in a Jan. 28 brief (Steven Papp, et al. v. Fore-Kast Sales Company Inc.,...

Mealey's PI/Product Liability - Boston Scientific, C.R. Bard Found Not Liable In Missouri Pelvic Mesh Case

KANSAS CITY, MO. - After deliberating less than a day, a Missouri state court jury on Feb. 2 found that pelvic mesh defendants Boston Scientific Corp. and C.R. Bard Inc. are not liable for injuries alleged by a plaintiff who was implanted with devices made by both companies (Eve Sherrer v. Truman Medical...

Mealey's PI/Product Liability - Chinese Drywall MDL Judge: Woman Responsible For Delays In Remediation

NEW ORLEANS - The federal judge in Louisiana presiding over multidistrict litigation stemming from allegedly defective Chinese-made drywall on Feb. 1 affirmed a special master's decision denying a woman's request for delay payments as a result of code violations that occurred during the remediation...

Mealey's PI/Product Liability - Pennsylvania Top Court To Resolve If Jury Can Decide Product's Dangerousness

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Feb. 1 agreed to decide whether strict-liability failure-to-warn cases permit a jury to determine if the product in question was unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 448 EAL 2015, Charlotte Vinciguerra...

Mealey's PI/Product Liability - Jury Awards $4.1M To Mesothelioma Victim's Widow; Wire Maker 5 Percent Liable

ST LOUIS - A Missouri jury awarded $4.1 million to the widow of man who contracted mesothelioma after asbestos exposure as an electrician, holding the lone remaining defendant 5 percent liable, sources told Mealey Publications Feb. 1 (Jean Urbach v. The Okonite Co., No. 1122-CC-10636, Mo. Cir., St. Louis...

Mealey's PI/Product Liability - 7th Circuit Affirms Dismissal Of Generic Drug Claim On Federal Preemption

CHICAGO - A federal appeals court panel on Feb. 3 affirmed dismissal of plaintiff's claims against Qualitest Pharmaceuticals Inc., finding that his claims involving the generic drug allopurinol are preempted (Michael Houston v. United States of America, et al., No. 15-2411, 7th Cir.; 2016 U.S. App...

Mealey's PI/Product Liability - New Jersey Panel Reverses Ruling Finding Association's Defects Claims Untimely

TRENTON, N.J. - A condominium owners' association's construction defects claims against a general contractor and three subcontractors did not begin to accrue until the individual unit owners had full control of the association's board, a New Jersey Superior Court Appellate Division ruled...

Mealey's PI/Product Liability - Co-Lead Counsel In GM Ignition Switch MDL Oppose Removal

NEW YORK - Plaintiffs' co-lead counsel in the General Motors ignition switch MDL on Feb. 1 rejected claims made by an attorney plaintiffs in the MDL that they acted improperly and should not remain as co-lead counsel following the results of the first bellwether trial in January (In Re: General Motors...

Mealey's PI/Product Liability - Colorado Federal Judge Trims Claims In Chair Lift Accident Suit

DENVER - A Colorado federal judge on Feb. 1 granted dismissal of the negligence claims in a suit over injuries sustained by a woman while she was getting off a moving chair lift at ski resort, agreeing with the defendant that the state's Premises Liability Act provides the sole grounds for relief...

Mealey's PI/Product Liability - Summary Judgment Granted In Metal-On-Metal Hip Case; No Defect Evidence Presented

OKLAHOMA CITY - An Oklahoma federal judge on Feb. 3 granted defendant Corin Group PLC summary judgment in a metal-on-metal hip case after finding that the plaintiff lacked evidence of a manufacturing defect (Kyle M. Swisher v. Stryker Corporation, et al., No. 14-28, W.D. Okla.; 2016 U.S. Dist. LEXIS...

Mealey's PI/Product Liability - Last 2 Plaintiffs In Actiq Third-Party Payer Case Stipulate To Dismissal

PHILADELPHIA - A Pennsylvania federal judge on Feb. 3 closed a third-party payer case involving the alleged off-label sales of the pain drug Actiq after the last remaining plaintiffs stipulated to dismissal with prejudice (Employers Mutual Casualty Co. v. Cephalon, Inc., No. 07-4492, E.D. Pa.).

Mealey's PI/Product Liability - Volkswagen, Honeywell Denied JMOL, New Trial In $4.8M Design Defect Judgment

COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed...

Mealey's PI/Product Liability - Panel: Takata Should Implement Quality Controls To Prevent Deaths, Injuries

WASHINGTON D.C. - An independent panel of former and current transportation officials and automobile industry experts convened by Takata Corp. on Feb. 2 released a report concluding that Takata must make "significant improvements across the quality spectrum," including improving its testing...

Mealey's PI/Product Liability - Class Certification Denied For 2nd Time In E-Cigarette Safety Lawsuit

LOS ANGELES - A California federal judge on Feb. 2 denied an amended motion for class certification filed in in a lawsuit brought by consumers who allege that deceptive advertising by a maker of electronic cigarettes led them to believe that they were safer than smoking traditional cigarettes (In Re...

Mealey's PI/Product Liability - Surgeon May Opine On Risk Analysis Of Device In Design Defects Suit, Judge Holds

DENVER - An orthopedic surgeon may give an analysis on the risks and benefits of a device in a design defects lawsuit, a Colorado federal judge ruled Feb. 4, finding that the expert may testify about whether the device was a "last resort" (Alfonso A. Alarid v. Biomet, Inc., et al., No. 14-02667...

Mealey's PI/Product Liability - Judge Grants Preliminary Approval Of $3M Settlement In Securities Class Action

NEW YORK - A federal judge in New York on Feb. 2 granted preliminary approval of a $3 million settlement between shareholders and a pharmaceutical company and certain of its current and former officers and directors who are alleged to have misrepresented several stock transactions and "improper...