Mealey's PI/Product Liability - Plaintiffs File Master Complaint In Federal NHL Concussion Litigation

MINNEAPOLIS - Plaintiffs in the National Hockey League concussion multidistrict litigation filed their master administrative long-form and class action complaint in the U.S. District Court for the District of Minnesota on Oct. 20 (In re: National Hockey League Players Concussion Injury Litigation, MDL...

Mealey's PI/Product Liability - Jurors Deliberating In 1st DePuy Pinnacle Hip MDL Bellwether Case

DALLAS - Jurors in the U.S. District Court for the Northern District of Texas on Oct. 21 began deliberating in the first DePuy Pinnacle hip bellwether case after 28 days of testimony (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 3:11-md...

Mealey's PI/Product Liability - Pneumo Abex Urges California Top Court To Reject Take-Home Liability

SACRAMENTO, Calif. - For legal and public policy reasons, California should side with the majority of other states and reject liability for take-home asbestos exposures, Pneumo Abex LLC told the California Supreme Court on Oct. 17 (Johnny Blaine Kesner v. Superior Court of California for the County of...

Mealey's PI/Product Liability - Florida Federal Jury Awards $41 Million To Smoker With COPD

JACKSONVILLE, Fla. - A jury in the U.S. District Court for the Middle District of Florida on Oct. 22 awarded a smoker $25.3 million in punitive damages after finding that cigarettes manufactured by R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. caused his chronic obstructive pulmonary disease ...

Mealey's PI/Product Liability - Alabama Jury Orders Mazda To Pay $9.9 Million In Suit Over Fatal Post-Crash Fire

BESSEMER, Ala. - A state court jury on Oct. 20 awarded a total of $9.9 million in damages in a suit alleging that the defective design of a Mazda 3 sedan resulted in a post-crash fire that killed a passenger and seriously injured the driver (Jon Hurst, et al. v. Mazda Motor Corp, et al., No. CV-2012...

Mealey's PI/Product Liability - Briefs Address Impact Of En Banc Ruling On Contemporaneous Negligence Case

DALLAS - Parties challenging Texas' stance on a premises owner's liability for allegedly contemporaneous negligent activities recently filed letter briefs addressing a recent en banc decision from an appeals court. The plaintiffs' letter was filed Oct. 21 (Magdalena Adrienna Abutahoun, et...

Mealey's PI/Product Liability - California Court Affirms Reduced Compensatory Award, $18 Million In Punitives

LOS ANGELES - A divided California appeals court on Oct. 22 affirmed $18 million in punitive damages against Union Carbide Corp. in an asbestos case and said the plaintiffs' expert testimony went beyond the "every exposure" theory (Bobbie Izell and Helen Izell v Union Carbide Corp., et...

Mealey's PI/Product Liability - Pennsylvania Court Finds Testimony Too Speculative To Impose Liability

HARRISBURG, Pa. - A co-worker's speculative testimony regarding the presence of asbestos and various manufacturers' products falls short of demonstrating a man's exposure, a Pennsylvania court held Oct. 22 (Colleen M. Krauss, et al. v. Trane US Inc., f/k/a American Standard, et al, Nos. 644...

Mealey's PI/Product Liability - Defense Verdict Returned In 1st DePuy Pinnacle Hip Bellwether Case

DALLAS - Jurors in the U.S. District Court for the Northern District of Texas on Oct. 23 returned a defense verdict for DePuy Orthopaedics Inc. and parent company Johnson & Johnson in the first Pinnacle hip multidistrict litigation bellwether case (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant...

Mealey's PI/Product Liability - Teva, Cephalon Seek Injunction Stopping Chicago From Releasing Subpoena Material

CHICAGO - Spurned by a federal court, Teva Pharmaceutical Industries Ltd. and its Cephalon Inc. subsidiary on Oct. 22 sued the City of Chicago in state court to stop the city from complying with a freedom of information request by USA Today for subpoenaed documents about the companies' opioid drugs...

Mealey's PI/Product Liability - Motion For Cymbalta Withdrawal MDL To Be Heard Dec. 4

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 22 scheduled a hearing on a motion for a Cymbalta withdrawal MDL for Dec. 4 in Charleston, S.C. (In Re: Cymbalta Products Liability Litigation, MDL Docket No. 2576, JPMDL).

Mealey's PI/Product Liability - Xarelto MDL Motion Will Be Heard Dec. 4

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 22 said it will hear arguments on Dec. 4 on centralization of federal lawsuits involving the anticoagulant Xarelto (In Re: Xarelto Products Liability Litigation, MDL Docket No. 2592, JPMDL).

Mealey's PI/Product Liability - Justice Finds Totality Of Testimony Sufficiently Establishes Exposure

NEW YORK - While a man never specifically identified a defendant, his testimony that he was exposed to dust by work on valves, coupled with co-worker testimony placing the defendant's valves at his workplace, overcomes summary judgment, a New York justice held in an opinion posted Oct. 21 (Cathy...

Mealey's PI/Product Liability - Judge Dismisses Valve Claims, But Crane Co. Gasket Claims Survive

MIAMI - The bare metal defense bars liability for replacement parts used on valve makers' products, but a man has demonstrated sufficient evidence of potential asbestos exposure from Crane Co.'s Cranite gaskets, a federal judge in Florida held Oct. 19 (James A. Oneal and Linda Oneal v. Alfa Laval...

Mealey's PI/Product Liability - MARDOC Judge Finds General Jurisdiction Lacking In Virgin Islands Cases

PHILADELPHIA - The judge overseeing the federal maritime asbestos docket declined to exercise general jurisdiction over 18 ship owner asbestos defendants sued in the Virgin Islands, finding insufficient contacts with the forum and granting 32 motions to dismiss on Oct. 23 (Edward Cowart, et al. v. Various...

Mealey's PI/Product Liability - Biomet Pays $6M To Settle Bone Growth Stimulator Whistle-Blower Case

BOSTON - Biomet Inc. and its parent company have agreed to pay $6.07 million to resolve False Claims Act allegations that Biomet paid kickbacks to health care providers to prescribe the company's bone growth stimulators, the U.S. attorney for the District of Massachusetts announced Oct. 29 (United...

Mealey's PI/Product Liability - Rhode Island Finds Turner & Newell Must Face Asbestos Actions

PROVIDENCE, R.I. - Turner & Newell must face two asbestos suits because Federal-Mogul's bankruptcy discharges it only upon exhaustion of a U.K. insurance policy, a Rhode Island judge held Oct. 24 (Maureen Gallagher, et al. v. American Insulated Wire Corp., et al., No. PC11-5269, Constance Podedworny...

Mealey's PI/Product Liability - Justice: Valve Maker Can Be Liable For Salvager's Exposure To Third-Party Parts

NEW YORK - Testimony establishes that a company knew its valves would eventually be removed and scrapped, and it can held liable for third-party asbestos-containing parts based on its sale of such parts, a New York justice held in an opinion posted Oct. 28 (Bryan Hockler v. 3M Co., et al. [William Powell...

Mealey's PI/Product Liability - Insured's Claim Must Be Submitted To Arbitration, 7th Circuit Panel Says

CHICAGO - An insured's claim against its insurer for unreasonably delaying payments for underlying asbestos personal injury claims must be submitted to arbitration pursuant to a cost-sharing agreement between the insured and the insurer, the Seventh Circuit U.S. Court of Appeals said Oct. 28 (Hennessy...

Mealey's PI/Product Liability - Texas Court Finds Experts Qualified In Suit By Mother Of Brain-Injured Child

SAN ANTONIO - A state trial court properly rejected challenges to the expert testimony offered in a medical malpractice action brought by the mother of a brain-damaged child, the Fourth District Texas Court of Appeals ruled Oct. 29 (Methodist Healthcare System of San Antonio Ltd., et al. v. Emily Belden...

Mealey's PI/Product Liability - Plaintiff Not Allowed To Add Mo. Consumer Claim To Infuse Bone Graft Complaint

ST. LOUIS - An Infuse bone graft plaintiff cannot amend her complaint against Medtronic Inc. to add a claim under the Missouri Merchandising Practices Act (MMPA), a Missouri federal judge ruled Oct. 29 (Laura Blankenship v. Medtronic, Inc., et al., No. 13-1087, E.D. Mo., Eastern Div.; 2014 U.S. Dist...

Mealey's PI/Product Liability - Judge: Unfair Trade Practices Claims Over Spray Foam Insulation Untimely

NEW HAVEN, Conn. - A couple's claims that two manufacturers of spray polyurethane foam (SPF) insulation as well as the company that installed the product violated the Connecticut Unfair Trade Practices Act (CUTPA) are untimely, a federal judge in Connecticut ruled Oct. 28, finding that the allegations...

Mealey's PI/Product Liability - Suit By Mother Of Drowning Victim Barred By Tort Claims Act, Texas Court Rules

HOUSTON - A state trial judge properly found that a suit brought by the mother of a child who died from complications following a near-drowning in a pool owned by the City of Angleton, Texas, is barred by the Texas Tort Claims Act, the First District Texas Court of Appeals ruled Oct. 28 (Tabitha Henry...

Mealey's PI/Product Liability - Suit Over Falling Mannequin Not Premises Liability Action, Michigan Court Rules

LANSING, Mich. - A suit alleging that a mannequin fell from an elevated wall display in a clothing store, striking and injuring a customer, asserts claims of ordinary negligence, not premises liability, and was therefore improperly dismissed by a trial judge, the Michigan Court of Appeals ruled Oct....

Mealey's PI/Product Liability - Insured Did Not Have A Contractual Relationship With Reinsurer, N.Y. Court Says

NEW YORK - Because an insured did not have a contractual relationship with the reinsurer of its insurer, the insured's claims against the reinsurer and its claims adjuster must be dismissed, the First Department New York Supreme Court Appellate Division said Oct. 28 (OneBeacon America Insurance Co...