LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Ohio Appeals Panel Majority Says No Error In Admission Of Medical Malpractice Testimony

WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No....

Mealey's PI/Product Liability - 10th Circuit Finds Home's Value Not Proper Measure For Damages

DENVER - A federal judge in Kansas did not err when vacating a jury's verdict awarding $185,000 to a woman accused a company that builds premanufactured homes of fraud by omission and negligent misrepresentation, a 10th Circuit U.S. Court of Appeals ruled July 20, holding that the cost of repairs...

Mealey's PI/Product Liability - California Appeals Court Affirms $8.3M Verdict In DePuy ASR Hip Case

LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).

Mealey's PI/Product Liability - Arizona High Court: OTR Doesn't Preclude Nonparties From Liability For Injuries

PHOENIX - The common-law original tortfeasor rule (OTR) "does not preclude a defendant from alleging and proving, or the trier of fact from considering and finding, fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant's tort," the Arizona...

Mealey's PI/Product Liability - Biogen Says Government Is Probing Its Drug Prices, Rebates, Buyer Assist Efforts

CAMBRIDGE, Mass. - Biotechnology company Biogen Inc. said July 21 that it received civil investigative demands on July 1 from the federal government for documents and information relating to the company's treatment of "certain service agreements with wholesalers when calculating and reporting...

Mealey's PI/Product Liability - Drug Maker Agrees To Pay $95M To Settle Federal Securities Law Claims

LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities...

Mealey's PI/Product Liability - New Jersey Appeals Panel Vacates 2 $9M Accutane Verdicts, Orders New Trial

TRENTON, N.J. - A panel of the New Jersey Superior Court Appellate Division on July 22 vacated two $9 million Accutane bowel injury verdicts and remanded them for a new trial after finding that the trial court improperly allowed evidence of subsequent remedial action by defendant Hoffman-La Roche Inc...

Mealey's PI/Product Liability - Acclarent Pays $18M For Off-Label Marketing Of Sinus Device

BOSTON - With a criminal trial against two company executives just concluded, the U.S. attorney for the District of Massachusetts on July 22 revealed that medical device maker Acclarent Inc. paid $18 million to settle lawsuits that it caused false claims to be submitted to federal health care programs...

Mealey's PI/Product Liability - Nebraska High Court Won't Adopt Mode-Of-Operation Rule For Premises Liability

LINCOLN, Neb. - The Nebraska Supreme Court on July 22 affirmed summary judgment for a grocery store in a slip-and-fall case, declining to adopt the plaintiff's suggestion that the state should adopt the mode-of-operation rule in addressing premises liability claims (Susan L. Edwards v. Hy-Vee, Inc...

Mealey's PI/Product Liability - California Appeals Court Finds 2nd Suit Over Roof Involved Same Primary Right

SAN FRANCISCO - A couple's second lawsuit against the sellers of a home with a leaky roof, the contractors who installed the roof and the contractor who attempted to repair the roof contained the same primary right as an earlier suit that was dismissed by a state court judge, a California appeals...

Mealey's PI/Product Liability - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming...

Mealey's PI/Product Liability - 2 Former Wrestlers' Fraud Claims Against WWE Will Continue, Federal Judge Says

HARTFORD, Conn. - A federal judge in Connecticut on July 21 denied World Wrestling Entertainment Inc.'s (WWE) motion to reconsider a previous order in which she allowed fraud by omission claims brought by two former professional wrestlers to proceed to trial because the wrestlers properly alleged...

Mealey's PI/Product Liability - Accidental Pistol Discharge Class Suit Is Settled For Millions

MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them...

Mealey's PI/Product Liability - Judge Permits Testimony On Use Of Scaffolding In Work Negligence Lawsuit

NEW ORLEANS - An expert may testify that a scaffolding should have been erected to provide workers a safe platform to work from as they attempted to catch leaking oil from a pipe, a Louisiana federal judge ruled July 21, finding that he will be in a better position at trial to assess whether the expert...

Mealey's PI/Product Liability - Caldera Pelvic Mesh Class Settlement Denied Due To 'Estimated Fund'

LOS ANGELES - A California federal judge on July 25 denied approval of a $20 million class settlement of 2,710 pelvic mesh cases against Caldera Medical Inc. because the settlement fund is only an estimate and because the settlement does not include the potential liquidated value of the medical device...

Mealey's PI/Product Liability - Pennsylvania Judge Denies Post-Trial Motions In $70M Risperdal Gynecomastia Trial

PHILADELPHIA - Twenty-five days after a jury awarded $70 million to a plaintiff in a Risperdal gynecomastia trial, a Pennsylvania state court judge on July 25 denied post-trial motions by both the plaintiff and defendants Janssen Pharmaceuticals Inc. and Johnson & Johnson (A.Y. v. Janssen Pharmaceuticals...

Mealey's PI/Product Liability - GM MDL Judge Will Allow Seat Belt Evidence In 5th Bellwether Trial

NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on July 22 granted in part and denied in part a motion from the plaintiff in the next bellwether trial seeking to exclude evidence that would show whether the plaintiff was wearing a seat belt when her car crashed...

Mealey's PI/Product Liability - Fluoroquinolone Black Box Will Include Stronger Warnings Of Muscle, Nerve Damage

SILVER SPRING, Md. - The Food and Drug Administration on July 26 strengthened the black box warning on fluoroquinolone antibiotics to warn that they are associated with disabling and potentially permanent side effects to the tendons, muscles, joints, nerves and the central nervous system.

Mealey's PI/Product Liability - Florida Federal Jury: Aerospace Company Not Negligent In Man's Death

JACKSONVILLE, Fla. - A Florida federal jury on July 26 found that Dexter-Hysol Aerospace LLC and Henkel Corp. did not negligently design an adhesive that was a legal cause of loss, injury or damage to an aviation structural mechanic who was allegedly exposed to asbestos-containing products during his...

Mealey's PI/Product Liability - 3rd Circuit Again Rules State Avandia Settlements Owe MDL Common Benefit Fee

PHILADELPHIA - In the second ruling of its kind, a Third Circuit U.S. Court of Appeals panel on July 27 said the Avandia multidistrict litigation court has jurisdiction over common benefit fees and that an Illinois law firm is obligated to pay a 7 percent fee from the settlement of its state court multiplaintiff...

Mealey's PI/Product Liability - Pa. Appeals Court Finds Privity Not Required For Fraud, Trade Practices Claims

PHILADELPHIA - A couple's lawsuit against the builder of a home they purchased from another couple in 2011 was reinstated by a Pennsylvania Superior Court panel on July 26, after it found that privity was not required for the plaintiffs to bring claims for fraud and violation of the Pennsylvania...

Mealey's PI/Product Liability - GM Says It Will Seek Review Of 2nd Circuit Bankruptcy Sale Decision

NEW YORK - In a July 25 letter to the judge overseeing the General Motors ignition switch multidistrict litigation, attorneys for the automaker say they will seek review of a recent Second Circuit U.S. Court of Appeals panel decision that will allow people who were allegedly injured as a result of defective...

Mealey's PI/Product Liability - Tennessee Appellate Panel Affirms Summary Judgment In Slip-And-Fall Suit

KNOXVILLE, Tenn. - A Tennessee appellate panel on July 25 ruled that a trial court was right to grant a hospital summary judgment in a slip-and-fall suit because the plaintiffs failed to show that the hospital had constructive knowledge of the hazard that caused the fall (Carla Landrum, et al. v. Methodist...

Mealey's PI/Product Liability - NHL Commissioner Says There Is Insufficient Evidence Linking CTE To Hockey

MINNEAPOLIS - Attorneys for the National Hockey League on July 26 submitted to the NHL concussion injury multidistrict litigation a letter from the league's commissioner to a U.S. senator in which the commissioner told the lawmaker that there is insufficient evidence linking chronic traumatic encephalopathy...

Mealey's PI/Product Liability - Investors Appeal Dismissal Of Claims In Securities Class Action To 2nd Circuit

NEW YORK - Shareholders on July 25 filed a notice of appeal in a securities class action lawsuit against a pharmaceutical company and its former CEO, seeking Second Circuit U.S. Court of Appeals review of a federal judge's ruling dismissing the action for failure to plead an actionable misrepresentation...