LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - AbbVie Ordered To Pay $140.1M Awarded In Retrial Of AndroGel MDL Bellwether Case

CHICAGO - An Illinois federal jury on Oct. 5 awarded an AndroGel heart attack plaintiff $140.1 million in a testosterone replacement therapy multidistrict litigation retrial (Jeffrey Konrad, et al. v. AbbVie, Inc., et al., No. 15-966, N.D. Ill.).

Mealey's PI/Product Liability - Insys To Pay $500,000 To Settle Massachusetts Subsys Marketing Investigation

BOSTON - Opioid maker Insys Therapeutics Inc. will pay $500,000 to resolve allegations by Massachusetts that it "engaged in a widespread scheme to unlawfully market its fentanyl spray and paid kickbacks to providers to persuade them to prescribe the product," the Massachusetts Attorney General's...

Mealey's PI/Product Liability - Wisconsin Appeals Panel Orders Summary Judgment For City In Wrongful Death Suit

WAUSAU, Wis. - A panel of the Second District Wisconsin Court of Appeals on Oct. 4 found that a trial court erred in denying a city and its recreation department's motion for summary judgment because both entities are immune under Wisconsin law from a suit where parents allege that the camp's...

Mealey's PI/Product Liability - Illinois Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

ELGIN, Ill. - A panel of the Second District Illinois Appellate Court on Oct. 4 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing two expert witnesses to testify and that there was not any improper contact between a hospital's attorneys...

Mealey's PI/Product Liability - Appeals Panel Partially Affirms, Denies Judgment In Premises Liability Suit

EASTLAND, Texas - A panel of the 11th District of the Texas Court of Appeals on Oct. 5 affirmed summary judgment on premises liability and negligence claims against the owner of a gas lease in a premises liability suit; however, it reversed judgment granted in favor of the lease owner on a negligent...

Mealey's PI/Product Liability - Asbestos Defendant Fails In Bid For Appeal Of Ruling Denying Dismissal

ASHEVILLE, N.C. - A company unable to escape what it portrays as a "shotgun" asbestos complaint at the motion to dismiss stage has not shown that an interlocutory appeal is warranted or that it would help forward the litigation, a federal judge in North Carolina held Oct. 5 (Tommy Lineberger...

Mealey's PI/Product Liability - New York Court Affirms Brake-Grinding Maker's Liability, $9M Asbestos Award

NEW YORK - A manufacturer of brake-grinding machines had a duty to warn about the dangers the use of its machines with asbestos-containing brakes posed, a New York appellate court held Oct. 5 while also affirming a stipulated $9 million award (Walter Miller v. BMW of North America LLC, et al., No. 190087...

Mealey's PI/Product Liability - Transvaginal Mesh Expert's Opinions Mostly Allowed By Illinois Federal Judge

CHICAGO - An expert for a couple seeking damages for injuries caused by a transvaginal mesh can offer opinions on several topics, such as using other synthetic mesh devices as safer alternatives to the one in question, "but the testimony must be limited to his area of expertise, and his opinions...

Mealey's PI/Product Liability - Jury Hears Opening Arguments In 1st Asbestos-Talc Trial Against Johnson & Johnson

LOS ANGELES - Attorneys representing parties to the first asbestos-tainted talc case against Johnson & Johnson presented opening arguments Oct. 5 in the Los Angeles County Superior Court, arguing over what the testing says about the source of the talc used in the company's products and alternative...

Mealey's PI/Product Liability - Window Sealant Maker Ordered By Judge To Produce Complaints About Malfunctions

RUTLAND, Vt. - The manufacturer of an allegedly defective window sealant was ordered by a federal judge in Vermont on Oct. 6 to produce complaints the company received about the sealant dripping onto window panes or spreading from its intended location for an 11-year period (H. Hirschmann, Ltd. v. Green...

Mealey's PI/Product Liability - Florida Jury Awards $7.1 Million To Family In Wrongful Death Smoking Suit

WEST PALM BEACH, Fla. - A Florida state court jury on Oct. 10 awarded the widower of a woman more than $7 million after finding that Philip Morris USA Inc. engaged in a conspiracy to mislead the public about the dangers of smoking and that Philip Morris concealing the harmfulness of smoking ultimately...

Mealey's PI/Product Liability - Texas Appeals Court Says Statute Of Repose Bars Suit Over Retaining Wall

DALLAS - The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state's 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder's summary...

Mealey's PI/Product Liability - Federal Claim Against School Board In Premises Liability Suit Dismissed

HUNTSVILLE, Ala. - A federal judge in Alabama on Oct. 10 dismissed a federal claim against a school board in a premises liability suit after finding that a student athlete who was assaulted by an adult was not under the protection of a school board because the assault occurred during a voluntary practice...

Mealey's PI/Product Liability - Panel: Judge Did Not Err In Ordering Installer To Replace, Not Repair, Windows

HARRISBURG, Pa. - A Pennsylvania trial court judge did not err in awarding $67,420.25 in damages to a property owner for water intrusion caused by improperly installed windows, a state appeals panel ruled Oct. 10, holding that expert testimony supported the finding that replacing the windows rather than...

Mealey's PI/Product Liability - Iowa Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

DES MOINES, Iowa - A panel of the Iowa Court of Appeals on Oct. 11 affirmed a defense verdict in a medical malpractice suit after finding that a trial court was right to find that testimony the plaintiff's expert gave was cumulative (V.P., a minor, by Dhiren Patel and Shital Patel, his parents and...

Mealey's PI/Product Liability - Appeals Panel Upholds Order Denying Summary Judgment In Premises Liability Suit

HARRISBURG, Pa. - In an unpublished opinion issued Oct. 10, a panel of the Pennsylvania Superior Court affirmed a decision to deny summary judgment to a company that owns an apartment complex after finding that a woman who injured herself after falling down a set of stairs raised genuine issues as to...

Mealey's PI/Product Liability - N.Y. Court Told To Nix Asbestos Punitive Damages, Safeguard Trust Transparency

NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos...

Mealey's PI/Product Liability - 7th Circuit Panel Affirms Dismissal Of Depakote RICO Class Action By Insurers

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 12 affirmed dismissal of a racketeering class action against Abbott Laboratories for its off-label promotion of the seizure drug Depakote, saying there are too many layers between the drug manufacturer's actions and Depakote prescriptions...

Mealey's PI/Product Liability - BASF, Citing Its Employment Of Judge's Sister, Seeks Recusal Of Asbestos Judge

NEWARK, N.J. - A judge's sister's access and control over company documents while employed by a defendant require that the judge recuse herself from a case alleging asbestos contamination of talc and spoliation of evidence, the company claims in an Oct. 10 memorandum (Audrey Sampson, et al. v...

Mealey's PI/Product Liability - Evidence Supports Insured's Claims For Bad Faith Against Auto Insurer, Judge Says

SCRANTON, Pa. - An insured seeking uninsured motorist benefits for injuries sustained in a hit-and-run accident provided sufficient evidence in support of claims for bad faith against the auto insurer, a Pennsylvania federal judge said Oct. 10 in denying the insurer's motion to dismiss (Thomas Meyers...

Mealey's PI/Product Liability - 1st Circuit Denies Rehearing In Securities Suit Against Drug Company

BOSTON - The First Circuit U.S. Court of Appeals denied a petition for rehearing and rehearing en banc in a securities class action filed by a pharmaceutical company's shareholders who alleged that the company and certain of its executive officers misrepresented the likelihood of U.S. Food and Drug...

Mealey's PI/Product Liability - California High Court Won't Hear Appeal In $48.1M Motrin Case; Partial Retrial Due

LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against...

Mealey's PI/Product Liability - Kentucky Appellate Majority Affirms Summary Judgment In Medical Malpractice Suit

FRANKFORT, Ky. - A majority of a panel of the Kentucky Court of Appeals on Oct. 13 affirmed a trial court's decision to grant summary judgment to a hospital after finding that a woman's negligence suit was based on medical malpractice and therefore required expert testimony over what options...

Mealey's PI/Product Liability - 8 Injured In Charlottesville Protest Sue Right Wing Groups

CHARLOTTESVILLE, Va. - Eight people who were injured in Charlottesville during a "Unite the Right" rally planned on Aug. 12 to protest the removal of the statute of Confederate General Robert E. Lee filed suit in federal court in Virginia on Oct. 12 against white supremacy groups and their...

Mealey's PI/Product Liability - Asbestosis Settlement Contemplates, Bars, Mesothelioma Claim, Judge Says

WASHINGTON, D.C. - An agreement resolving a couple's asbestosis claim specifically envisions future mesothelioma claims as among the universe of potential claims and bars a subsequent suit, a federal judge in Louisiana held Oct. 13 (Lorita M. Savoie, et al. v. Huntington Ingalls Inc., et al., No...