Mealey's PI/Product Liability - Ky. Court Finds Dismissals With Prejudice Proper, But Limited To Moving Parties

LOUISVILLE, Ky. - A judge had both authority and grounds to grant dismissals with prejudice, but the dismissals apply only to the three moving defendants and do not reach other defendants in an asbestos case, the Kentucky appeals court held Dec. 12 (James W. Fuqua and Sandra L. Fuqua v. Flour-Daniel...

Mealey's PI/Product Liability - Mass. Federal Judge Partially Dismisses Celexa/Lexapro Third-Party RICO Cases

BOSTON - A Massachusetts federal judge on Dec. 12 partially dismissed Racketeer Influenced and Corrupt Organizations Act actions filed by two health insurers seeking to represent a class of third-party payers who allegedly paid for fraudulent prescriptions for the antidepressants Lexapro and Celexa but...

Mealey's PI/Product Liability - Families Of Sandy Hook Shooting Victims File Suit Against Rifle Manufacturer

BRIDGEPORT, Conn. - The families of nine of the victims who died and a woman who was injured in the December 2012 school shooting at Sandy Hook Elementary School in filed suit in Connecticut state court Dec. 13 against Bushmaster Firearms International LLC, manufacturer of the rifle used in the assault...

Mealey's PI/Product Liability - Judge Finds Man Failed To State Claims Against Air Conditioner Maker

BIRMINGHAM, Ala. - A man who claims that Goodman Manufacturing Co. LP breached the limited warranty it issued with its heating, venting and air conditioning (HVAC) unit and fraudulently suppressed information about defective refrigerant coils failed to sufficiently state claims for relief, a federal...

Mealey's PI/Product Liability - Florida Federal Court Rejects Plaintiffs' Suggestions To Improve Jury Selection

JACKSONVILLE, Fla. - The process for jury selection in federal court cases stemming from the Engle class action is left to the discretion of the visiting judges who hear the cases, a three-judge panel of judges in the U.S. District Court for the Middle District of Florida ruled Dec. 11 (In re Engle Cases...

Mealey's PI/Product Liability - 4th Circuit Affirms Dismissal Of Stevens-Johnson Claim By Pro Se Plaintiff

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Dec. 15 affirmed dismissal of a Dexilant skin injury case brought by a pro se plaintiff (Monica L. Ball v. Takeda Pharmaceuticals America, Incorporated, et al., No. 13-2338, 4th Cir.; 2014 U.S. App. LEXIS 23506).

Mealey's PI/Product Liability - New York Jury Awards $20 Million In Asbestos Trial; Burnham 30 Percent Liable

NEW YORK - A New York City jury on Dec. 12 found that a boiler maker failed to warn about the hazards of asbestos and awarded a man's estate $20 million while holding the defendant 30 percent liable (Charlene Hillyer, as executrix for the estate of Charles F. Hillyer v. A.O. Smith Water Products...

Mealey's PI/Product Liability - No Coverage Owed For Injuries Caused By Toxic Mold, New Jersey Panel Affirms

TRENTON, N.J. - Insurers owe no coverage for injuries sustained as a result of toxic mold because a fungus exclusion clearly bars coverage for the injuries, the Appellate Division of the New Jersey Superior Court said Dec. 11 (William Hurst, et al. v. American Zurich Insurance Co., et al., No. A-5447...

Mealey's PI/Product Liability - Iowa Court Finds Warranty Does Not Extend To Bank Seeking Mold-Related Costs

DES MOINES, Iowa - In a majority ruling, the Iowa Supreme Court on Dec. 12 found that the implied warranty of workmanlike construction did not extend to a bank that sought to recover costs related to a mold infestation in an apartment complex it acquired through foreclosure (Luana Savings Bank v. Pro...

Mealey's PI/Product Liability - Federal Jury In Florida Returns Defense Verdict In Tobacco Injury Case

JACKSONVILLE, Fla. - A federal jury in Florida on Dec. 16 returned a defense verdict in a suit alleging that a Florida man's lung cancer and chronic obstructive pulmonary disease (COPD) were caused by his years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. and Philip Morris USA...

Mealey's PI/Product Liability - 3rd Circuit Panel Affirms Denial Of Diet Drug Heart Injury Claim

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Dec. 16 affirmed the denial of a diet drug heart valve injury settlement claim that was found to be medically unreliable (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine Products Liability Litigation, No. 14-1780, 3rd Cir.; 2014...

Mealey's PI/Product Liability - Massachusetts Federal Judge Denies Summary Judgment On Merchantability Issue

BOSTON - A class of smokers who want Philip Morris USA Inc. to pay for low-dose computer tomography (LDCT) to detect early signs of smoking-related diseases has not produced sufficient evidence to prove that the company could have marketed a safer cigarette, a federal judge in Massachusetts ruled Dec...

Mealey's PI/Product Liability - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National...

Mealey's PI/Product Liability - GM Vehicle Owners Ask Bankruptcy Court Not To Enforce Bankruptcy Shield

NEW YORK - Enforcement of a sale order and injunction entered as part of General Motors LLC's (New GM) acquisition of the assets of General Motors Corp. (Old GM) will violate the due process rights of plaintiffs in the ignition switch litigation against New GM, a group of GM vehicle owners argue...

Mealey's PI/Product Liability - 14 NECC Employees Indicted For Racketeering In Sale Of Contaminated Drugs

BOSTON - A federal grand jury on Dec. 16 indicted 14 people associated with New England Compounding Center (NECC) on charges of racketeering, conspiracy, mail fraud, selling adulterated and misbranded drugs, contempt, structuring and aiding and abetting (United States of America v. Barry J. Cadden, et...

Mealey's PI/Product Liability - Judge Won't Disqualify Chicago's Lawyer In Purdue Pharma Suit

CHICAGO - An Illinois federal judge on Dec. 15 denied a motion by Purdue Pharma L.P. to disqualify a lawyer and her law firm from representing Chicago in the city's lawsuit against the drug company for its marketing of opioids (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill...

Mealey's PI/Product Liability - Medical Experts Present Opposing Views On Smoker's COPD In Florida Suit

PALM BEACH, Fla. - Two pulmonologists presented opposing views of the medical history of a smoker who died of chronic obstructive pulmonary disease (COPD) to a Florida jury in a suit brought by his widow against R.J. Reynolds Tobacco Co., one saying that his death was caused by addiction to nicotine...

Mealey's PI/Product Liability - Judge: Agreement Did Not Bar Sale Of Condos With Chinese Drywall

MOBILE, Ala. - A 2012 settlement agreement between plaintiffs and a property holdings company accused of breach of contract did not preclude the defendant from selling seven Chinese drywall-containing condominiums at issue, a federal judge in Alabama ruled Dec. 16, because there was no such language...

Mealey's PI/Product Liability - Illinois Judge Sends NCAA Concussion Class Settlement Back For Revision

CHICAGO - The federal judge overseeing the National Collegiate Athletic Association (NCAA) concussion litigation on Dec. 17 rejected a $75 million settlement of the class action, expressing concerns about the adequacy of the fund and other details of the agreement (In re National Collegiate Athletic...

Mealey's PI/Product Liability - Perini, MGM Resolve Lawsuit Over Construction Of CityCenter Project

LAS VEGAS - MGM Mirage Resorts International, CityCenter Holdings LLC and Infinity World Development Corp. on Dec. 16 agreed to pay $195 million to resolve a lawsuit brought by Perini Building Co. over the construction of the CityCenter project in Los Vegas, according to a Securities and Exchange Commission...

Mealey's PI/Product Liability - Turner & Newell Can't Depose Asbestos Trust Official, Rhode Island Judge Says

PROVIDENCE, R.I. - Any evidence gleaned from deposing an asbestos trust representative would be cumulative of and more easily obtained through the trust's governing documents, a Rhode Island judge held Dec. 16 (Maureen Gallagher, et al. v. American Insulated Wire Corp., et al., No. PC11-5269, Constance...

Mealey's PI/Product Liability - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's PI/Product Liability - 3rd Circuit: Medical Reports Didn't Meet Asbestos MDL Guidelines

PHILADELPHIA - A medical expert opined that a woman's fatal disease arose from take-home exposures, but he never linked her specific exposures to the disease as required by the asbestos multidistrict litigation guidelines, the Third Circuit U.S. Court of Appeals held in affirming dismissal of the...

Mealey's PI/Product Liability - British American Reaches $575 Million Settlement Over Flintkote Asbestos Claims

LONDON - Imperial Tobacco Canada, a subsidiary of British American Tobacco, will pay $575 million to settle asbestos-related litigation involving The Flintkote Co., the company announced Dec. 16 in a news release.

Mealey's PI/Product Liability - 7th Circuit: Court Erred In Striking Expert Testimony In Ladder Fall Case

CHICAGO - A federal magistrate judge erred in striking the testimony of an accident reconstructionist in a product liability lawsuit over a purportedly defective ladder, a Seventh Circuit U.S. Court of Appeals panel found Dec. 17, finding that it was for the jury to decide whether the expert's causation...