LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge Again Suggests Remand Of 7 California Cases From Darvon MDL

COVINGTON, Ky. - The Kentucky federal judge overseeing the Darvon/Darvocet/propoxyphene multidistrict litigation on May 15 for the second time suggested that seven cases be remanded to California state court because there are no class action implications, no fraudulent joinder of nondiverse defendants...

Mealey's PI/Product Liability - Appeals Court Orders Judge To Reinstate Couple's Construction Defects Verdict

SAN DIEGO - A California appeals panel on May 14 ordered a trial court judge to reinstate a jury's verdict in favor of a couple who allegedly suffered personal injuries as a result of the faulty construction of their home, finding that the judge erred in partially granting a new trial on the ground...

Mealey's PI/Product Liability - Generic Testosterone Makers Seek Dismissal From MDL, Citing Federal Preemption

CHICAGO - Generic drug manufacturers on May 15 moved to dismiss claims against them in the testosterone replacement therapy multidistrict litigation, arguing that all the plaintiffs' claims are preempted by federal law (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket...

Mealey's PI/Product Liability - 5 Amtrak Passengers Seek Damages In 2 Suits In Pennsylvania Federal Court

PHILADELPHIA - Two suits were filed in Pennsylvania federal court May 18 alleging injuries resulting from the derailment of an Amtrak passenger train in Philadelphia (Blair Berman v. National Railroad Passenger Corp. a/k/a Amtrak, No. 15-02741, E.D. Pa.; Iban, et al. v. National Railroad Passenger Corp...

Mealey's PI/Product Liability - California Appeals Court Affirms $2.6M Conspiracy Verdict Against Device Maker

SAN DIEGO - A California appeals court on May 18 affirmed a $2.6 million verdict in which a jury found that an orthopedic device maker conspired with a surgeon to misrepresent to a spinal surgery patient that the device would "ensure" nerve safety (Brenda F. Kitrosser v. NuVasive, Inc., No...

Mealey's PI/Product Liability - Conductor On Derailed Amtrak Train Files Suit In New Jersey State Court

NEWARK, N.J. - A conductor who was working on Amtrak Train No. 188 when it derailed in Philadelphia on May 12 filed suit in New Jersey state court May 18, seeking damages for his injuries (Emilio Fonseca, et al. v. National Railroad Passenger Corp. d/b/a Amtrak, No. N/A, N.J. Super. Essex Co.).

Mealey's PI/Product Liability - Kentucky Appeals Court Affirms Dismissal Of Prempro Attorney Fee Case

FRANKFORT, Ky. - A Kentucky appeals court on May 15 affirmed the dismissal of a disbarred attorney's claims that he was due a fee for reviewing Prempro documents for another disbarred lawyer (Melbourne Mills, Jr. v. David Helmers, et al., No. 2013-CA-001877, Ky. App.; 2015 Ky. App. Unpub. Lexis 335...

Mealey's PI/Product Liability - Takata Acknowledges Problems With Air Bags, Expands Recall In NHTSA Consent Order

WASHINGTON, D.C. - TK Holdings Inc., parent company of air bag manufacturer Takata Corp., entered into a consent order with the National Highway Traffic Safety Administration (NHTSA) May 18 acknowledging problems with inflators in its air bags and expanding its recall of air bags to 34 million vehicles...

Mealey's PI/Product Liability - Arkansas, Janssen Settle Risperdal Suit For $7.75M

LITTLE ROCK, Ark. - Arkansas' Risperdal marketing lawsuit against the Janssen Pharmaceutical Inc. subsidiary of Johnson & Johnson has been tentatively settled for $7.75 million, according to a state court order issued May 18 (State of Arkansas, ex rel. Leslie Rutledge, et al. v. Ortho-McNeil...

Mealey's PI/Product Liability - Cook Pelvic Mesh MDL Judge Stops Bellwethers, Orders Cases Readied For Transfer

CHARLESTON, W.Va. - Saying bellwether cases are not effective, the West Virginia federal judge overseeing the Cook Medical Inc. pelvic mesh multidistrict litigation ordered the parties to get 253 of the remaining 381 cases ready for transfer and trial by the end of the year (In Re: Cook Medical, Inc...

Mealey's PI/Product Liability - Pella Windows MDL Judge Dismisses Portion Of Class Action Lawsuit

CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation claiming that Pella Corp.'s Architect and Designer series windows are defective on May 19 dismissed without prejudice portions of a class action lawsuit seeking relief for breach of implied warranty, negligence, declaratory...

Mealey's PI/Product Liability - Judge: Implied Warranty Claims Against Pella Over Windows Are Untimely

CHARLESTON, S.C. - A federal judge in South Carolina on May 19 dismissed as untimely a couple's claim contending that Pella Corp. breach the implied warranty of its Designer Series window, after finding that the doctrine of equitable tolling did not apply to the plaintiffs' allegations (In re...

Mealey's PI/Product Liability - City Not Immune To Suit Alleging Improper Path Design, Montana High Court Rules

HELENA, Mont. - A trial judge erred in applying the public-duty doctrine to a suit alleging that improper design of a paved walking path caused a man to suffer fatal head injuries in a fall while skateboarding in a residential development, the Montana Supreme Court ruled in a split decision May 19 (Sara...

Mealey's PI/Product Liability - New York Man Injured In Amtrak Derailment Files Suit In Pennsylvania Court

PHILADELPHIA - A New York man filed suit in Pennsylvania state court May 20, seeking damages for injuries suffered in the May 12 derailment of an Amtrak passenger train in Philadelphia (Trevor Beddoe, et al. v. National Railroad Passenger Corp. [a/k/a Amtrak], et al., No. 150502104, Pa. Comm. Pls., Philadelphia...

Mealey's PI/Product Liability - Passenger Hurt In Derailment Files Suit Against Amtrak In New York Federal Court

NEW YORK - Amtrak acted with "wanton disregard and reckless indifference" to the welfare of passengers on a train that derailed in Philadelphia, a passenger who was injured in the derailment argues in a suit filed May 19 in New York federal court (Michael Walsh v. National Railroad Passenger...

Mealey's PI/Product Liability - ConAgra Pays $11.2M To Resolve Federal Charge Of Selling Tainted Peanut Butter

ALBANY, Ga. - ConAgra Grocery Products Co. pleaded guilty May 20 in Georgia federal court to one count of introduction of adulterated food into interstate commerce for distribution of salmonella-contaminated peanut butter marketed under the Peter Pan and Great Value labels (U.S. v. ConAgra Grocery Products...

Mealey's PI/Product Liability - Plaintiffs Tell Federal Court Claims Against GM Are Not Barred By Bankruptcy Order

HOUSTON - A group of 29 owners of cars manufactured by General Motors LLC (New GM) filed suit in federal court in Texas May 19, asserting personal injury and/or wrongful death claims stemming from accidents linked to defects in their cars, including ignition-switch defects (Dana Danley, et al. v. General...

Mealey's PI/Product Liability - Medco Health Solutions Pays $7.9M For Paying Kickbacks To Drug Maker AstraZeneca

WILMINGTON, Del. - Pharmacy benefit manager Medco Health Solutions Inc. has agreed to pay $7.9 million to settle whistle-blower allegations that it solicited kickbacks from drug maker AstraZeneca LP, according to the court docket and a May 20 press release by the U.S. Justice Department (United States...

Mealey's PI/Product Liability - 2nd Circuit Affirms Injunction Against Discontinuing Alzheimer's Drug

NEW YORK - The Second Circuit U.S. Court of Appeals on May 22 affirmed a lower court injunction preventing Actavis PLC from discontinuing its Namenda IR Alzheimer's drug in favor of a patent-protected extended-release version and allowing it to block less-costly generic versions of Namenda IR (People...

Mealey's PI/Product Liability - D.C. Circuit Modifies Order In Government's RICO Suit Against Tobacco Industry

WASHINGTON, D.C. - The three major tobacco companies are not required to include language stating that a federal judge has found that they deliberately deceived the American public in public statements and advertising, a three-judge panel of the District of Columbia Circuit U.S. Court of Appeals ruled...

Mealey's PI/Product Liability - Calif. County's Drug Take-Back Law Won't Be Reviewed By U.S. Supreme Court

WASHINGTON, D.C. - The U.S. Supreme Court on May 26 denied review of a federal appeals court ruling that a California county's drug take-back law is not unconstitutional (Pharmaceutical Research and Manufacturers of America, et al. v. County of Alameda, et al., No. 14-751, U.S. Sup.).

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.).