Mealeys

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Mealey's PI/Product Liability - Restaurant Wins Judgment In Trip-Fall Case After Expert's Opinions Found Lacking
Posted on 14 Feb 2020 by Mealeys

BOSTON - A federal judge on Feb. 13 awarded a Massachusetts restaurant summary judgment in a trip-and-fall case involving a revolving door after finding that an expert for the plaintiff provided no admissible evidence that the door malfunctioned (Marjorie... Read More

Mealey's PI/Product Liability - Panel Affirms Dismissal Of UCL, Negligence Claims Against Lexapro Manufacturers
Posted on 14 Feb 2020 by Mealeys

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 11 affirmed a lower federal court's dismissal of California unfair competition law (UCL) and negligence claims against manufacturers of the antidepressant drug Lexapro, finding that... Read More

Mealey's PI/Product Liability - FDA: Withdraw Belviq Weight- Loss Drug Due To Increased Cancer In Study Subjects
Posted on 14 Feb 2020 by Mealeys

SILVER SPRING, Md. - The Food and Drug Administration on Feb. 13 said it has asked Eisai Co. Ltd. to voluntarily withdraw the company's Belviq and Belviq XR prescription weight loss drug from the U.S. market because the company's safety clinical... Read More

Mealey's PI/Product Liability - 6th Circuit Stays Some Opioid MDL Discovery, Will Hear Mandamus Arguments
Posted on 14 Feb 2020 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 12 stayed the production of some opioid prescribing data by pharmacy chain defendants in the opioid multidistrict litigation and invited the opioid MDL court to respond to the pharmacies'... Read More

Mealey's PI/Product Liability - Judge Dismisses Some Counts Against Theranos Executives In Fraud Case
Posted on 13 Feb 2020 by Mealeys

SAN JOSE, Calif. - A California federal judge on Feb. 11 granted a motion by Theranos Inc. founder Elizabeth A. Holmes and president Ramesh "Sunny" Balwani to dismiss fraud claims that relate to nonpaying patients and doctors, but denied dismissal... Read More

Mealey's PI/Product Liability - Judge: Completion Of Home's Construction Not A Condition For Payment
Posted on 13 Feb 2020 by Mealeys

CHICAGO - A federal judge in Illinois on Feb. 10 awarded summary judgment to a seller of manufactured homes accused of construction and structural defects, finding that a man breached the terms of the construction agreement by failing to pay for the building... Read More

Mealey's PI/Product Liability - Master In Chancery Recommends Denying Builder's Motion To Dismiss Mold Suit
Posted on 11 Feb 2020 by Mealeys

GEORGETOWN, Del. - A Master in Chancery in Delaware on Feb. 6 recommended denying a motion to dismiss filed by a homebuilder accused of failing to inform a buyer about mold infestation in a home, concluding that the court had subject matter jurisdiction... Read More

Mealey's PI/Product Liability - Trump Proposes Stripping FDA Of Regulatory Authority Over Tobacco Products
Posted on 11 Feb 2020 by Mealeys

WASHINGTON, D.C. - President Donald J. Trump's 2021 federal budget released Feb. 10 by the Office of Management and Budget includes a proposal to remove regulatory authority over tobacco products from the Food and Drug Administration to a new agency... Read More

Mealey's PI/Product Liability - JPMDL Denies Motion By Illinois To Stay Out Of Juul MDL
Posted on 10 Feb 2020 by Mealeys

SAN FRANCISCO - The Judicial Panel on Multidistrict Litigation (JPDML) on Feb. 4 denied a motion by the state of Illinois to vacate the order conditionally transferring its case into the Juul Labs Inc. multidistrict litigation, holding that Illinois'... Read More

Mealey's PI/Product Liability - Reinsurer Seeks Default Judgment In Dispute Over Personal Injury Coverage
Posted on 7 Feb 2020 by Mealeys

OKLAHOMA CITY - A reinsurer in Feb. 5 motion asks an Oklahoma federal court for entry of a default against a telecommunications company and one of the company's employees in a declaratory judgment action concerning coverage for an underlying personal... Read More

Mealey's PI/Product Liability - 10th Circuit: FELA Requires Showing Of Safe Workplace, Not Safest Possible
Posted on 7 Feb 2020 by Mealeys

DENVER - A railway worker who was injured while checking the contents of railcars failed to show that the workplace provided by his employer violated the Federal Employers Liability Act (FELA), a 10th Circuit U.S. Court of Appeals panel ruled Feb. 5,... Read More

Mealey's PI/Product Liability - Federal Lawsuits Alleging Zantac NDMA Contamination Centralized In Florida Court
Posted on 7 Feb 2020 by Mealeys

WASHINGTON, D.C. - A federal judicial panel on Feb. 6 centralized in a Florida federal court 141 federal lawsuits alleging that the over-the-counter heartburn drug Zantac contains or metabolizes into N-nitrosodimethylamine (NDMA), an alleged carcinogen... Read More

Mealey's PI/Product Liability - Dispute Over Secondary Payer Payment Settlement Dismissed In Michigan
Posted on 6 Feb 2020 by Mealeys

DETROIT - A Michigan federal judge on Feb. 3 agreed with the Centers for Medicare & Medicaid Services (CMS) that a declaratory judgment action stemming from a 2012 fungal meningitis outbreak must be dismissed for lack of subject matter jurisdiction... Read More

Mealey's PI/Product Liability - Former Generic Executive Indicted For Price Fixing, Bid Rigging
Posted on 5 Feb 2020 by Mealeys

PHILADELPHIA - A former vice president at a New York generic drug manufacturer was indicted Feb. 4 for making a false statement and violating the federal antitrust law by conspiring to fix prices, rig bids and allocate customers (United States v. Ara... Read More

Mealey's PI/Product Liability - Addiction, Choices Take Center Stage In Latest Tobacco Trial
Posted on 3 Feb 2020 by Mealeys

WEST PALM BEACH, Fla. - A Florida jury on Jan. 31 confronted the question of whether a man used cigarettes because of tobacco company conduct or because of his own desire to smoke as lawyers delivered opening statements in a Florida tobacco trial (Edward... Read More