Mealey's PI/Product Liability - Florida Jury Awards $450,000 In Punitives To Daughter Of Smoker

BRONSON, Fla. - The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida's Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost $80 million (Dianne Webb...

Mealey's PI/Product Liability - Jury Awards $26.7M To 4 Women In Boston Scientific Pelvic Mesh MDL Trial

MIAMI - A federal jury in Florida on Nov. 13 awarded four women a total of $26.7 million in a multidistrict litigation trial involving Boston Scientific Corp.'s Pinnacle Pelvic Floor Repair Kit pelvic mesh repair device (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 14-24061, S.D. Fla...

Mealey's PI/Product Liability - Drug Country-Of-Origin Suit Against Apotex, Costco Dismissed By Federal Judge

LOS ANGELES - A California federal judge on Nov. 13 dismissed without prejudice a pro se lawsuit against Apotex Corp. and Costco Wholesale Corp. for selling a prescription heart drug without disclosing that it was made in India (Joel D. Joseph v. Costco Wholesale Corporation, et al., No. 14-6899, C.D...

Mealey's PI/Product Liability - Deadline For Submitting GM Ignition-Switch Claims Extended 1 Month

DETROIT - Compensation expert Kenneth Feinberg announced Nov. 16 that the deadline for submitting claims to the General Motors (GM) Ignition Compensation Claims Facility has been extended one month, to Jan. 31. Feinberg said that the extension was been granted "in an abundance of caution."

Mealey's PI/Product Liability - GM Agrees To Produce Privileged Material In Ignition-Switch Case

NEW YORK - General Motors LLC told Judge Jesse M. Furman, who is overseeing the ignition-switch multidistrict litigation in the U.S. District Court for the Southern District of New York, in a letter Nov. 14 that it will produce a number of privileged documents pursuant to an agreement with the lead plaintiffs'...

Mealey's PI/Product Liability - Receiver Of Goods Not Liable To Truck Driver For Injuries, Ore. Federal Judge Rules

PORTLAND, Ore. - The owner of a manufacturing facility is not liable under a premises liability theory to a truck driver who was injured when an unsecured load of materials knocked him to the ground during a delivery, a federal judge in Oregon ruled Nov. 14 (Musie W. Haile, et al. v. Hickory Springs...

Mealey's PI/Product Liability - GM, Plaintiffs Agree On Preservation Of Parts From Recalled Vehicles

NEW YORK - General Motors LLC (GM) and plaintiffs in the ignition-switch multidistrict litigation on Nov. 13 submitted an agreed preservation order setting forth the automaker's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration (NHTSA...

Mealey's PI/Product Liability - W.Va. Jury Finds Spoliation Of Evidence, Awards $155,000 Against Manufacturer Takeda

MARTINSBURG, W.Va. - A West Virginia state court jury on Nov. 17 found that Actos is not unsafe and that manufacturer Takeda Pharmaceutical Co. Ltd. was not negligent in the case of a man who developed bladder cancer while taking the diabetes drug, but the panel did find spoliation of evidence on the...

Mealey's PI/Product Liability - 9th Circuit: CAFA Triggered By Plaintiff's Request In California Darvon Cases

SAN FRANCISCO - In a 9-2 ruling, the Ninth Circuit U.S. Court of Appeals on Nov. 18 said that multiple plaintiffs in two Darvon/Darvocet/propoxyphene cases intended to have their cases coordinated by a state court "for all purposes" and, thus, removal to federal court under the Class Action...

Mealey's PI/Product Liability - More Than 1,000 Biomet Hip Cases Resolved; Parties Ask Court To Extend Deadline

SOUTH BEND, Ind. - More than 1,000 Biomet M2A Magnum hip implant cases have been resolved, parties to the multidistrict litigation told the court on Nov. 17 (In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL Docket No. 2391, No. 12-md-2391, N.D. Ind., South Bend Div.).

Mealey's PI/Product Liability - NHTSA Seeks National Recall Of Vehicles Containing Takata-Manufactured Air Bags

WASHINGTON, D.C. - The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) announced Nov. 18 that it is seeking a nationwide recall of vehicles containing driver's side air bags manufactured by TK Holdings, parent company of air bag manufacturer Takata Corp...

Mealey's PI/Product Liability - Florida Jury Awards $21 Million To Widow Of Smoker With Lung Cancer

MIAMI - A jury in Florida's 11th Judicial Circuit Court returned a $21 million verdict on Nov. 18 for the widow of a man who died of lung cancer after smoking for 45 years (Diane Schleider, et al. v. R.J. Reynolds Tobacco Co., No. 13-2013-CA-006984, Fla. 11th Jud. Cir., Dade Co.).

Mealey's PI/Product Liability - Florida Woman's Family Names Honda, Air Bag Maker In Wrongful Death Action

ORLANDO, Fla. - The family of a Florida woman who was killed in an auto accident filed a wrongful death action in state court Nov. 17, contending that her death resulted from injuries suffered when the driver's side air bag in her 2001 Honda Accord exploded (Tina Tran Dang, et al. v. Honda Motor...

Mealey's PI/Product Liability - Judge Rejects Motion For Recusal In Florida Tobacco Trial For Magazine Comments

JACKSONVILLE, Fla. - An Iowa federal judge assigned to hear a tobacco injury suit in the U.S. District Court for the Middle District of Florida on Nov. 17 denied a motion by Philip Morris USA Inc. to recuse himself because of his public comments praising the actions of trial lawyers (William Starbuck...

Mealey's PI/Product Liability - Health Insurer: Endo Paid Impax $112M To Delay Selling Generic Opana ER

BATON ROUGE, La. - Blue Cross Blue Shield of Louisiana on Nov. 17 filed a class action complaint in federal court, alleging that Endo Health Solutions Inc. paid a competitor at least $112 million to delay a generic drug until Endo could market a new, crush-resistant formula (Louisiana Health Service...

Mealey's PI/Product Liability - NHL Seeks Dismissal Of Retired Players' MDL Brain-Injury Suit

MINNEAPOLIS - The claims of the representative plaintiffs in the master complaint filed in the National Hockey League concussion multidistrict litigation are barred by the statute of limitations, the NHL argues in a memorandum in support of its motion to dismiss filed Nov. 18 in the U.S. District Court...

Mealey's PI/Product Liability - California Panel Affirms $3.67M Pelvic Mesh Verdict

FRESNO, Calif. - A California appeals panel on Nov. 19 affirmed a $3.67 million judgment in a pelvic mesh trial, denying defendant C.R. Bard Inc.'s argument that the jury questions were erroneous, that post-surgery evidence was improperly admitted and that there was misconduct by a plaintiffs'...

Mealey's PI/Product Liability - Tennessee Panel Affirms Judgment Against Roofing Supply Company Over Leaks

KNOXVILLE, Tenn. - A Tennessee Court of Appeals panel on Nov. 18 affirmed a chancellor's $220,374.96 judgment against a roofing supply company after finding that the lower court properly allowed evidence concerning a roof estimate from another company (Centimark Corporation v. Maszera Company LLC...

Mealey's PI/Product Liability - Arizona Files Suit Against GM, Asserts Violations Of Consumer Protection Statutes

PHOENIX - The State of Arizona filed suit against General Motors LLC (GM) in state court Nov. 19, alleging that the automaker has violated state consumer protection laws by failing to disclose a variety of defects in its vehicles (State of Arizona, ex rel. Thomas C. Horne, Attorney General v. General...

Mealey's PI/Product Liability - Air Bag Suit Filed In Pennsylvania Federal Court Names Takata, Mazda Motor Corp.

PHILADELPHIA - A Florida man filed a putative class action Nov. 19 in the U.S. District Court for the Eastern District of Pennsylvania against air bag manufacturer Takata Corp. and auto manufacturer Mazda Motor Corp., alleging fraudulent concealment of defects that allegedly cause Takata-manufactured...

Mealey's PI/Product Liability - Pennsylvania High Court Upholds Cap On Damages In Suits Against Governmental Units

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 19 upheld the state's $500,000 cap on damages in tort actions filed against governmental agencies (Ashley Zauflik v. Pennsbury School District, No. 1 MAP 2014, Pa. Sup.; 2014 Pa. LEXIS 3030).

Mealey's PI/Product Liability - Pa. Supreme Court Declines To Adopt 3rd Restatement Of Torts On Strict Liability

HARRISBURG, Pa. - The Pennsylvania Supreme Court declined Nov. 19 to adopt the strict liability standards set forth for product liability cases in the American Law Institute's Restatement (Third) of Torts, opting instead to continue its reliance on the analysis contained in the Restatement (Second...

Mealey's PI/Product Liability - MDL Judge Remands California DA's Suit Against GM To State Court

NEW YORK - The federal judge overseeing the General Motors LLC ignition switch litigation ruled Nov. 24 that a suit brought by Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of GM-manufactured vehicles belongs in the California state court where it was originally...

Mealey's PI/Product Liability - Honda Admits It Failed To Report 1,729 Claims, Notices To NHTSA

TORRANCE, Calif. - Honda North America announced in a statement issued Nov. 24 that it failed to report a total of 1,729 written claims or notices concerning injuries or deaths related to its vehicles to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA...

Mealey's PI/Product Liability - Florida Jury Awards Smoker's Family $3M, Will Consider Punitive Damages Next

JACKSONVILLE, Fla. - A jury in Florida's Fourth Judicial Circuit Court for Duval County on Nov. 24 awarded a total of $3,094,000 to the family of a woman who alleged that her death from chronic obstructive pulmonary disease (COPD) was caused by her 35 years of smoking (Andy R. Allen, et al. v. R...