5th Circuit Affirms Expert Exclusion, Summary Judgment In Painter's Benzene Case

NEW ORLEANS - A trial court correctly excluded testimony linking a painter's multiple myeloma to workplace exposure to benzene because the expert assumed facts substantially different from the undisputed record, a Fifth Circuit U.S. Court of Appeals panel held Nov. 15 (Craig Moore, et al. v. International...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Obstetrician Opinion Wrongly Barred From Malpractice Case, Georgia Panel Concludes

ATLANTA - A trial court erred in excluding expert testimony that an obstetrician violated the standard of care when she perforated a woman's uterus and bowel during a procedure, a Third Division Georgia Court of Appeals panel held Nov. 20 in a medical malpractice action (Emma Cartledge v. Jolene...

R.I. Judge Reverses Course, To Conduct In Camera Review Of Bankruptcy Submissions

PROVIDENCE, R.I. - In camera review of asbestos bankruptcy trust forms is necessary to determine whether they contain discoverable evidence of a man's exposure to Crane Co.'s products, a Rhode Island judge held Nov. 18 in an order granting reconsideration (Rosie K. Sweredoski, et al. v. Alfa...

Consumer Class Action Filed Against 23andMe For Genetic Test Kit Refunds

SAN DIEGO - A California resident on Nov. 27 filed a national class action lawsuit seeking refunds for what it says is a misleadingly advertised and unapproved at-home genetic testing kit called 23andMe (Lisa Casey, et al. v. 23andMe, INC., et al., No. 13-2847, S.D. Calif.).

N.C. Court Affirms Admission Of Experts Testifying On Their Area Of Expertise

RALEIGH, N.C. - A workers' compensation commission properly admitted the testimony of a veterinarian on the issue of animal studies in an asbestos-related esophageal cancer case, the North Carolina Court of Appeals held Dec. 3 (Paulette Smith Wise, executor of the estate of Harvey Smith v. Alcoa...

Plaintiff's Punitives Expert Will Stay In 1st Actos Bellwether Trial

LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos multidistrict litigation on Dec. 4 denied a motion by defendant Takeda Pharmaceuticals North America Inc. to exclude the plaintiff's punitive damages expert from the first bellwether trial, scheduled for Jan. 27 (In Re: Actos $(Pioglitazone...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

Pelvic Mesh MDL Court Denies Biomaterials Act Protection To Pelvic Mesh Supplier

CHARLESTON, W.Va. - A West Virginia federal magistrate judge in pelvic mesh multidistrict litigations on Dec. 11 denied a motion to apply the Biomaterials Access Assurance Act of 1998 (BAAA) to restrict discovery sought by plaintiffs (In Re: Boston Scientific Corp. Pelvic Repair Systems Product Liability...

Law Firm: Bankrupt Rotech Healthcare Not Allowed To Depose Its Attorneys

WILMINGTON, Del. - The law firm that represented the Official Committee of Equity Security Interest Holders in the Chapter 11 bankruptcy of Rotech Healthcare Inc. on Dec. 13 moved for a protective order, contending that Rotech should not be permitted to depose members of the firm (In Re: Rotech Healthcare...

Judge: 'Identified Exposure' Testimony Differs From 'Each And Every Exposure'

SEATTLE - An expert's testimony that each "identified exposure" to asbestos substantially contributes to mesothelioma differs from the type of "each and every" exposure challenged by a defendant, a Washington federal judge held Dec. 13 in allowing trial testimony from three experts...

Judge Issues Order Starting Settlement Process For Unintended Acceleration Cases

SANTA ANA, Calif. - The federal judge in California presiding over the Toyota unintended acceleration multidistrict litigation issued an order on Dec. 12 setting the stage for a possible settlement of wrongful death and personal injury claims brought against the auto manufacturer (In Re: Toyota Motor...

Jury Deadlocks In Marine-Parts Asbestos Exposure Case

SEATTLE - A Washington federal judge declared a mistrial in an asbestos action after the jury reported Dec. 16 that it was deadlocked and that additional deliberation was unlikely to change the result (Joanne K. Lipson, et al. v. ON Marine Services Co. LLC, Ferro Engineering Division, No. 13-1747, W...

Judge: Actos MDL Plaintiff Can Argue Drug Causes Bladder Cancer Within 1 Year

LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos multidistrict litigation on Dec. 19 said that a plaintiff in the first bellwether trial can present expert testimony that use of the type 2 diabetes drug can cause bladder cancer within one year of use (In Re: Actos $(Pioglitazone$) Products...

Boehringer Ingelheim Can't Produce Certain Records, May Face MDL Trial Sanctions

EAST ST. LOUIS, Ill. - Boehringer Ingelheim International GmbH (BII) will face sanctions, possibly including adverse inference and the loss of certain affirmative defenses, after the Pradaxa maker said it cannot produce the complete files of a former high-level scientist involved in the development of...

Pradaxa Deposition Sanction Stayed By 7th Circuit Pending Mandamus Petition

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 2 stayed the Pradaxa multidistrict litigation court's order that all future depositions be conducted in New York pending the court's review of a petition for a writ of mandamus by defendant Boehringer Ingelheim Pharmaceuticals Inc. ...

Florida Appeals Court: Engle Opt Out Does Not Enjoy Class Tolling

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 [Fla. 2006]) and failed to file her wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, Florida's First District Court...

8th Circuit Upholds Verdict For Man's Back Injury Suffered At Work

SAINT LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 9 ruled that a new trial was not warranted in a workplace injury action, concluding that the trial court properly allowed testimony from an expert witness for the plaintiff (George Tedder v. American Railcar Industries Inc., No. 13-1063,...

South Carolina Panel Reverses Decision In Water-Damaged Condos Case

COLUMBIA, S.C. - The South Carolina Court of Appeals on Jan. 8 overturned a $7.7 million construction defects verdict, concluding that the trial court erred by not allowing the defendant's expert witness to give opinions regarding allegedly defective stucco at a condo complex (Mark F. Teseniar, et...

New York Justice Bars Asbestos Expert From Testifying On Talc Contamination

NEW YORK - A plaintiffs' expert modified a widely accepted testing criteria before concluding that a defendant's talc contained asbestos, a New York justice held Jan. 9 in precluding James Millette's testimony under Frye (Lawrence Bernard and Marilyn Bernard, et al. v. Brookfield Properties...

9th Circuit Finds Judge Failed To Properly Vet Asbestos Experts, Testimony

SEATTLE - A Washington federal judge impermissibly delegated his role as gatekeeper under Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 $(1993$)) to the jury when he admitted two experts and "each and every" exposure testimony in an asbestos case that produced a $10.2 million verdict, a...

Rhode Island Judge Allows Replacement Naval Expert's Trial Testimony

PROVIDENCE, R.I. - An asbestos plaintiff's quick disclosure of a replacement naval expert and the long time before trial warrants allowing the expert's trial testimony, a Rhode Island judge held Jan. 15 (Rosie K. Sweredoski, et al. v. Alfa Laval Inc., et al., No. 2011-1544, R.I. Super., Providence...

Juror May Not Be Struck Based On Sexual Orientation; New Antitrust Trial Ordered

SAN FRANCISCO - Equal protection prohibits peremptory strikes of potential jurors based on sexual orientation, the Ninth Circuit U.S. Court of Appeals ruled Jan. 21 in remanding for a new trial a case in which a federal jury in California found that Abbott Laboratories did not violate antitrust laws...

Wisconsin Panel Says Daubert Applies To Medical Malpractice Expert Testimony

MADISON, Wis. - The statute encompassing the Daubert standard (Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 [1993]) applies to standard-of-care testimony in medical malpractice cases, a Third District Wisconsin Court of Appeals panel held Jan. 22 (Tina Rupert v. James Standias, et al., No. 2013AP1705...