Mealeys

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Pfizer Shareholder Class OK'd By MDL Judge For Disclosures About Celebrex, Bextra
Posted on 3 Apr 2012 by Mealeys

NEW YORK - A New York federal judge overseeing the Pfizer Inc. securities multidistrict litigation on March 29 certified a class of shareholders who allege that their stock value was affected by misstatements and omissions concerning the safety of the... Read More

Pelvic Mesh MDL Court Denies Biomaterials Act Protection To Pelvic Mesh Supplier
Posted on 13 Dec 2013 by Mealeys

CHARLESTON, W.Va. - A West Virginia federal magistrate judge in pelvic mesh multidistrict litigations on Dec. 11 denied a motion to apply the Biomaterials Access Assurance Act of 1998 (BAAA) to restrict discovery sought by plaintiffs (In Re: Boston Scientific... Read More

Magistrate Judge Bars Job Site Witnesses From Asbestos Cases
Posted on 3 Jan 2013 by Mealeys

PHILADELPHIA - Plaintiffs in 192 federal multidistrict litigation asbestos cases may not rely on some 15,000 potential work site witnesses unless they can show that the witnesses were properly disclosed elsewhere during discovery, a federal magistrate... Read More

Avandia Refund Class Dismissed With Prejudice By MDL Judge
Posted on 17 Oct 2013 by Mealeys

PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on Oct. 15 dismissed with prejudice a purported refund class action, saying that most claims are not allowed under New Jersey law and that the warranty claim... Read More

Police Conduct Expert Limited In Beaten Inmate's Civil Rights Case In Kansas
Posted on 19 Dec 2013 by Mealeys

KANSAS CITY, Kan. - A plaintiff's police practices expert can opine regarding standards and training at a jail in a civil rights action stemming from the beating of a mentally ill prison inmate by a jailer, a federal judge in Kansas held Dec. 16 ... Read More

Merck Settles Missouri Vioxx Cost Class Action, Parties Tell 5th Circuit
Posted on 5 Sep 2012 by Mealeys

NEW ORLEANS - Missouri plaintiffs seeking to recover the costs of Vioxx prescriptions have reached a settlement with Merck & Co. Inc. of their class action, according to a Sept. 1 motion filed in the Fifth Circuit U.S. Court of Appeals (In Re: Vioxx... Read More

Court: Workers' Compensation Doesn't Bar Death Claims Arising From Navy Exposures
Posted on 6 Nov 2012 by Mealeys

RICHMOND, Va. - Virginia's workers' compensation law does not bar wrongful death claims against a shipbuilder arising from a U.S. Navy electronics technician's work on a newly commissioned submarine, the state's top court held in a divided... Read More

Trasylol Expert Failed To Weigh Other Risk Factors, MDL Judge Says
Posted on 3 Apr 2013 by Mealeys

WEST PALM BEACH, Fla. - A plaintiff's specific causation expert failed to account for a decedent's numerous other health problems in concluding that Trasylol "tipped the scale" and caused his kidney failure and death, the Florida federal... Read More

Summary Judgment Denied, Plaintiff Experts Survive In Talc/Ovarian Cancer Case
Posted on 16 Apr 2013 by Mealeys

SIOUX FALLS, S.D. - A South Dakota federal judge on April 12 denied summary judgment to Johnson & Johnson in a case in which a plaintiff alleges that she developed ovarian cancer caused by the defendant's talc-based products (Deane Berg v. Johnson... Read More

3rd Circuit Panel Upholds Decision For Defendant In Defective Escalator Action
Posted on 20 Mar 2013 by Mealeys

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 19 affirmed summary judgment for the defendant in a personal injury action brought by the parents of a boy injured by a department store escalator, ruling that there was no evidence that... Read More

Court Affirms Disclosure Of Chrysotile Study Data, Georgia-Pacific Communications
Posted on 7 Jun 2013 by Mealeys

NEW YORK - The failure of Georgia-Pacific LLC (GP) to disclose its intimate involvement in supposedly objective scientific studies on the effects of chrysotile asbestos warranted disclosure of the underlying data and in-camera review of communications... Read More

Idaho Supreme Court Upholds Dismissal Of Woman's Battery Claims
Posted on 9 Sep 2013 by Mealeys

BOISE, Idaho - The Idaho Supreme Court on Sept. 6 affirmed summary judgment for medical defendants in a case involving a woman's allegedly inappropriate treatment at an emergency room, agreeing that the plaintiff's expert affidavit was inadmissible... Read More

Boehringer Ingelheim Can't Produce Certain Records, May Face MDL Trial Sanctions
Posted on 20 Dec 2013 by Mealeys

EAST ST. LOUIS, Ill. - Boehringer Ingelheim International GmbH (BII) will face sanctions, possibly including adverse inference and the loss of certain affirmative defenses, after the Pradaxa maker said it cannot produce the complete files of a former... Read More

Judge Finds Plaintiff's Efforts To Meet, Confer Over Deposition Issues Lacking
Posted on 20 Jun 2012 by Mealeys

PHILADELPHIA - A plaintiff's blanket emails responding to defendants' objections to deposition notices fail to address any of their concerns and do not satisfy the requirement that counsel meet and confer over disagreements, a magistrate judge... Read More

Montana Supreme Court Finds No Error In Denial Of Sanctions Against Ford
Posted on 14 Feb 2013 by Mealeys

HELENA, Mont. - The Montana Supreme Court on Feb. 12 affirmed a jury verdict in favor of Ford Motor Co. and Overland West Inc. in a suit brought by the personal representative of a person who died as the result of an accident where a 2002 Ford Explorer... Read More