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Mealey's PI/Product Liability - Judge: Evidence Of Exposure To Asbestos On Blowers Overcomes Summary Judgment

EAST ST. LOUIS, Ill. - Evidence that a man worked with a company's asbestos-insulated product aboard a ship overcomes summary judgment, even where the insulation may have originated with a third party, a federal judge held Aug. 27 in also rejecting a challenge to the timeliness of the action (Charles...

Mealey's PI/Product Liability - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug...

Mealey's PI/Product Liability - Lilly Gets Partial Directed Verdict In Virginia Cymbalta Withdrawal Trial

ALEXANDRIA, Va. - Eli Lilly and Co. on Aug. 28 won a partial directed verdict on fraud charges in an ongoing two-plaintiff Cymbalta withdrawal trial in the U.S. District Court for the Eastern District of Virginia (Gilda Hagan-Brown v. Eli Lilly and Company, No. 14-1614, Janine Ali v. Eli Lilly and Company...

Mealey's PI/Product Liability - California Judge: Counties' Opioid Marketing Claims Best Left To FDA

SANTA ANA, Calif. - A California judge issued a tentative ruling on Aug. 27 in a lawsuit by two counties against six drug manufacturers, saying the plaintiffs' concerns about the marketing of opioid drugs is best left to the Food and Drug Administration (People of the State of California v. Purdue...

Mealey's PI/Product Liability - Actos Defense Counsel Says There's Enough Evidence To Disprove Cancer Claims

LAS VEGAS - After a Nevada state court judge opened the trial by telling the jury that the defendant destroyed evidence, a lawyer for Takeda Pharmaceuticals America Inc. on Aug. 28 told a jury that there's plenty of evidence to show that the diabetes drug Actos does not cause bladder cancer and that...

Mealey's PI/Product Liability - Amarin Pharma, FDA Talk Settlement Of Off-Label Lawsuit After Injunction

NEW YORK - Amarin Pharma Inc. and the Food and Drug Administration are exploring the possibility of settling Amarin's off-label speech lawsuit, counsel for the drug company told a New York federal judge on Aug. 28 (Amarin Pharma, Inc., v. United States Food & Drug Administration, et al., No....

Mealey's PI/Product Liability - Judge Dismisses Portions Of Class Action Suit Over Allegedly Defective Decking

CAMDEN, N.J. - A federal judge in New Jersey on Aug. 26 dismissed without prejudice some claims brought by a couple claiming that TimberTech XML brand decking material is prone to premature discoloration and fading and denied as premature CPG International LLC's motion to strike class allegations...

Mealey's PI/Product Liability - Judge Finds Question Exists On Whether Cameras Could Have Stopped Assault

COLUMBIA, S.C. - A South Carolina federal judge on Aug. 26 refused to set aside an order denying motions for summary judgment filed by a security company and the owners of a mall, finding that issues of fact exist as to whether they had a duty to install security cameras and whether the cameras would...

Mealey's PI/Product Liability - Incretin Mimetic Can Cause Severe, Disabling Joint Pain, FDA Warns

SILVER SPRING, Md. - Incretin mimetic diabetes drug Januvia, Onglyza and Tradjenta can cause severe and disabling joint pain, the Food and Drug Administration warned Aug. 28.

Mealey's PI/Product Liability - Judge: Evidence Of Exposure, Need To Warn Sufficient Against Asbestos Defendants

EAST ST. LOUIS, Ill. - Evidence of work with and the presence of asbestos on two defendants' products and the state-of-the-art knowledge at the time warrants denying summary judgment, a federal judge in Illinois held Aug. 28 (Charles Neureuther v. Atlas Copco Compressors LLC, et al., No. 13-1327...

Mealey's PI/Product Liability - Judge Finds Plaintiffs Didn't Intend To Abandon Asbestos Claims, Remands Case

SAN FRANCISCO - Plaintiffs inadvertently dropped damages claims against one of the two remaining asbestos talc defendants based on their subsequent behavior, a federal judge in California held in remanding the action on Aug. 28 (Elia B. Uribes, et al. v. BASF Catalysts LLC, et al., No. 15-2131, N.D....

Mealey's PI/Product Liability - Expert Testimony Creates Fact Issues In Strict Liability Case, Federal Judge Finds

PEORIA, Ill. - The expert testimony of a mechanical engineer and a biomechanical engineer creates genuine issues of material fact in a strict liability lawsuit against the manufacturer of a rocket cart for Wal-Mart Stores Inc., an Illinois federal judge ruled Aug. 26, denying summary judgment to the...

Mealey's PI/Product Liability - DePuy Wants Medical Funding Company To Explain 'Unconscionable' Liens

TOLEDO, Ohio - Saying a medical funding company run by a plaintiff attorney is asserting $1.4 million in liens against 11 DePuy ASR hip settlement claimants for medical services worth only $335,186, DePuy Orthopaedics Inc. on Aug. 31 asked an Ohio federal judge to compel the company to produce information...

Mealey's PI/Product Liability - Most Plaintiff Claims Survive In 1st Bellwether Case In Wright Conserve Hip MDL

ATLANTA - A Georgia federal judge overseeing the Wright Conserve hip implant multidistrict litigation on Aug. 31 granted summary judgment on one claim in the first bellwether case but otherwise preserved plaintiff Robyn Christiansen's other claims of action (In Re: Wright Medical Technology Inc....

Mealey's PI/Product Liability - Justice Refuses Stay Of New York City Litigation During Asbestos CMO Revamp

NEW YORK - New York's asbestos case management order requires a top-to-bottom re-evaluation but is not so flawed that litigation must be stayed during the process, a New York justice held in an opinion posted Aug. 31 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/88, N...

Mealey's PI/Product Liability - Court Finds Homeowner Lacked Standing To Assert UCL Claim Under Warranty

SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary...

Mealey's PI/Product Liability - Judge Rejects Challenges To Experts, 'Every Exposure' Asbestos Testimony

BENTON, Ill. - A medical doctor's certifications and experience qualify him to testify as an expert, and his testimony accounts for levels of exposure and thus goes beyond "every exposure" testimony, a federal judge in Illinois held Aug. 31 (Mrs. Sharon Bell, executor of the estate of Mr...

Mealey's PI/Product Liability - Virginia Federal Jury Returns Defense Verdict In Cymbalta Withdrawal Trial

ALEXANDRIA, Va. - After deliberating for 2-1/2 hours, a Virginia federal jury on Sept. 1 returned a defense verdict in a two-plaintiff Cymbalta withdrawal trial, finding that defendant Eli Lilly and Co. did not fail to provide an adequate warning to either prescribing plaintiff's physician (Gilda...

Mealey's PI/Product Liability - Appeals Court Upholds Rulings In Favor Of Designers Of Collapsed Scaffolding

JACKSON, Miss. - An 8-1 panel of the Mississippi Court of Appeals on Sept. 1 affirmed a trial court judge's rulings awarding summary judgment to the architects and engineers accused of defectively designing scaffolding that collapsed and injured four concrete workers, after finding that the defendants...

Mealey's PI/Product Liability - Florida Court Grants Petition, Finds Claim Arose Out Of Medical Care

TALLAHASSEE, Fla. - In a majority ruling, a Florida appeals court on Aug. 28 granted a psychiatric hospital's petition for writ of certiorari of a trial court's decision to dismiss an estate's case against it, finding that the estate's allegations, which were related to the death of a...

Mealey's PI/Product Liability - Texas Appeals Court Upholds Arbitration Award Over Alleged Construction Defects

HOUSTON - A Texas appeals panel on Aug. 31 upheld an arbitration award finding that a homeowners association was entitled to only $24,490 for alleged construction defects that resulted in the staining of the exterior of some buildings in a condominium complex, after finding that the association was unable...

Mealey's PI/Product Liability - Panel Affirms Premises Liability Verdict, Remands Negligence Holding

FORT WORTH, Texas - A panel of the Second District Texas Court of Appeals found Aug. 28 that a trial court erroneously directed a verdict of negligence because the plaintiff in the case was denied fair notice that a theory of negligence per se would be asserted as a defense (Karen 'Sue' Burnett...

Mealey's PI/Product Liability - Conn. Court Affirms Delay In Naming Substitute Plaintiff Warranted Dismissal

HARTFORD, Conn. - An executrix's four-year delay in substituting herself as a plaintiff in an asbestos action prejudiced defendants and warranted dismissal for failure to prosecute, a Connecticut appeals court held Sept. 2 (Adrienne Brochu, executrix of the estate of Adrien Brochu v. Aesys Technologies...

Mealey's PI/Product Liability - Judge Keeps Pump Maker In Asbestos Action, Declines Limits On Expert Testimony

BENTON, Ill. - A man produces adequate evidence of work with a defendant's product and sufficient evidence that it required asbestos-containing components, a judge said Aug. 28. In a separate ruling, the judge rejected challenges to plaintiff's expert, finding the expert qualified and rejecting...

Mealey's PI/Product Liability - Judge: Del. Borrowing Statute Doesn't Prevent Application Of Its Statute Of Limitations

WILMINGTON, Del. - The state's borrowing statute does not require application of Michigan's three-year statute of limitations to an asbestos action alleging exposure there, a Delaware judge held in granting summary judgment on Sept. 1 (In re: Asbestos litigation Frank G. Schultz and Deloris Schultz...