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Pradaxa MDL Judge Names Plaintiff, Defense Leadership

EAST ST. LOUIS, Ill. - The Illinois federal judge overseeing the new Pradaxa multidistrict litigation on Sept. 27 appointed leadership for the plaintiffs and defendant Boehringer Ingelheim Pharmaceuticals Inc. ( In Re: Pradaxa [Dabigatran Extexilate] ...read more

Federal Panel: Airline Not Responsible For Death Of Elderly Passenger

NEW ORLEANS - The Fifth U.S. Circuit Court of Appeals on Oct. 1 upheld summary judgment for an airline that allegedly failed to provide proper medical attention to a passenger who died after an international flight, ruling that the incident was not considered ...read more

Judge Finds Allegations In Complaints Insufficient For Notice Of Removability

BALTIMORE - Three complaints indicating occupation and times and locations of employment fall short of putting a defendant on notice that the actions were removable, which occurred only after the plaintiffs listed specific ships on which they worked, ...read more

7th Circuit Says Motion To Consolidate Depakote Suits Triggers CAFA Jurisdiction

CHICAGO - Resolving a split between two district courts, the Seventh Circuit U.S. Court of Appeals on Oct. 16 ruled that plaintiffs' motions to consolidate 10 Illinois state court cases involving Abbott Laboratories' anti-seizure drug Depakote ...read more

Illinois Supreme Court: Summary Judgment Proper In Bridge Collapse Injury Case

SPRINGFIELD, Ill. - The Illinois Supreme Court on Oct. 18 reinstated a trial court's decision to grant summary judgment to a defendant in a construction accident action, ruling that a general contractor did not have a duty to preserve evidence following ...read more

5th Circuit Panel Revives Claims That Hospital Is Responsible For Man's Death

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Nov. 13 reversed summary judgment for the defendant in a medical malpractice action brought by the family of a man who bled to death while in the hospital, concluding that evidence showed that the ...read more

Illinois Appeals Panel: Woman Failed To Show Damage From Medical Negligence

CHICAGO - The First District Illinois Appellate Court on Nov. 16 upheld a trial court's decision to dismiss a woman's medical negligence claims, concluding that the plaintiff failed to produce required affidavits ( Berniece Hutton v. Holy Cross ...read more

Florida Appeals Panel Strikes Punitive Damages Over Defense Limitation

WEST PALM BEACH, Fla. - Saying a trial court should have allowed Philip Morris USA Inc. to argue that a plaintiff's conspiracy claim supporting punitive damages was untimely, Florida's Fourth District Court of Appeal on Nov. 28 reversed a $16 ...read more

Florida Appeals Court: Cost Determination Needed In Construction Contract Case

LAKELAND, Fla. - The Second District Florida Court of Appeal on Nov. 28 remanded a construction contract case to the trial court to determine the proper amount of fees and costs due to both the plaintiffs and defendant ( Richard O. Wolfe II, et al. v ...read more

Illinois Appeals Court: Owner Not Responsible For Injuries From Roof Collapse

CHICAGO - The First District Illinois Appellate Court on Nov. 30 affirmed summary judgment for a property owner named as the defendant in a premises liability case, concluding that the defendant did not have notice that building materials holding up a ...read more

Illinois Appeals Court: Property Owners' Levees Constituted A Nuisance

MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on Dec. 4 overturned judgment for the defendants in an action alleging that the negligent building of levees caused flooding in neighboring areas, holding that the "defendants' ...read more

Illinois Appeals Panel: Trial Court Properly Dropped Premises Liability Claims

OTTAWA, Ill. - The Third District Illinois Appellate Court on Dec. 14 upheld summary judgment for a property owner in a slip-and-fall injury action, agreeing that the plaintiff's claims are barred by the construction statute of repose (Lana Zimmer ...read more

Pollution Exclusion Bars Coverage For Defective Drywall, 11th Circuit Affirms

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 3 affirmed that insurers have no duty to defend or indemnify insureds for property damage caused by defective Chinese drywall because the policies' total pollution exclusion clearly precludes ...read more

Florida Appeals Panel: Trial Court Erred By Dismissing Wrongful Death Case

DAYTONA BEACH, Fla. - The Fifth District Florida Court of Appeal on Jan. 11 revived wrongful death claims involving a pregnant woman who died while in a mental health center, concluding that the trial court erred by ruling that the plaintiff failed to ...read more

Florida Appeals Panel: Townhouse Owners' Defect Claims Must Be Arbitrated

LAKELAND, Fla. - The Second District Florida Court of Appeal on Jan. 16 overturned a trial court's decision to deny a motion to compel arbitration in a construction defects action, concluding that a townhouse owner's association had an obligation ...read more

Judge: Pradaxa Plaintiffs Can Conduct Discovery Into Other Boehringer Drug Suits

EAST ST. LOUIS, Ill. - Information from defendant Boehringer Ingelheim Pharmaceuticals Inc. (BIPI) about its off-label promotion of and kickbacks paid in connection with other drugs can be pursued by plaintiffs in the Pradaxa multidistrict litigation ...read more

Illinois Judge Grants Bill Of Discovery In Fatal Condo Fire Action

CHICAGO - An Illinois judge on Jan. 28 granted a plaintiff's emergency bill of discovery in a wrongful death action filed following a fatal condominium fire, ordering the defendants to preserve 911 tapes and other documents (Patricia Fasula v. Lakefront ...read more

Illinois Federal Judge Reduces Punitive Award For Injury In Grain Bin Explosion

EAST ST. LOUIS, Ill. - A federal judge in Illinois on Feb. 8 agreed to decrease by more than $7 million the amount of punitive damages awarded to a worker who was seriously injured in an explosion, calling the original award excessive (John W. Jentz, ...read more

Florida Federal Judge Allows Law Firm's Withdrawal, Sets Expedited August Trial

TAMPA, Fla. - A Florida federal judge on Feb. 26 granted in part a couple's motion for an expedited trial in an asbestos exposure suit after earlier denying a motion arguing that the withdrawal of Union Carbide Corp.'s law firm would delay proceedings ...read more

Florida Appeals Panel: No New Trial Necessary For Slip-And-Fall Action

LAKELAND, Fla. - The Second District Florida Court of Appeal on Feb. 27 reversed a trial court's decision to grant a new trial to the plaintiff in a premises liability case based on comments made by the defendant's attorney and remanded the action ...read more

Most Watson Fentanyl Patch MDL Cases Reported Settled

CHICAGO - A settlement approval hearing for most of the federal Watson fentanyl patch cases was scheduled in a March 12 order by the Illinois federal judge overseeing the litigation (In Re: Watson Fentanyl Patch Products Litigation, MDL No. 2372, N.D ...read more

Trasylol MDL Judge Sets Final Hearing As Litigation Nears Conclusion

WEST PALM BEACH, Fla. - The Florida federal judge overseeing the Trasylol multidistrict litigation conducted a final hearing April 9, saying a review of the docket indicates that the MDL is nearing conclusion (In Re: Trasylol Products Liability Litigation ...read more

Florida Condo Owners Seek Approval To Create Defective Drywall Settlement Fund

NEW ORLEANS - A group of Florida condo owners filed a motion in a Louisiana federal court on April 15 seeking approval of the creation of a settlement fund to cover remediation costs of units affected by defective drywall (In re: Chinese-Manufactured ...read more

Florida Appeals Panel: New Trial Necessary For Construction Contract Case

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on April 24 remanded a construction contract dispute to the trial court for a new trial on damages and a determination of the correct amount of a construction lien (Christos N. Kritikos ...read more

Florida Appeals Panel: Judge Improperly Dropped Claims Against Hospital

LAKELAND, Fla. - The Second District Florida Court of Appeal on May 3 overturned summary judgment for a hospital named as the defendant in a medical malpractice case, concluding that a decision whether the hospital can be held liable for the actions of ...read more