LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Tesla Owner Claims Model X Vehicles Automatically Accelerate

SANTA ANA, Calif. - An owner of a 2016 Model X filed a class complaint on Dec. 30 against Tesla Motors Inc., accusing the company of making faulty vehicles after he and his son were injured when his vehicle allegedly accelerated on its own while he was pulling into his garage (Ji Chang Son, et al. v...

Mealey's PI/Product Liability - Jury Selection Begins In Fungal Meningitis Outbreak Federal Murder Trial

BOSTON - Jury selection is set to begin Jan. 6 in the federal murder trial of Barry J. Cadden in connection with a deadly fungal meningitis outbreak allegedly caused by contaminated compounded drugs made by Cadden's former company, New England Compounding Center (NECC) (United States of America v...

Mealey's PI/Product Liability - Judge Dismisses Delay Claim In Suboxone Case, Allows Refiled Lanham Claims

PHILADELPHIA - A Pennsylvania federal judge on Jan. 4 dismissed claims by a generic drug manufacturer that Indivior Inc. engaged in anti-competitive behavior by delaying the introduction of a generic version of the opioid treatment drug Suboxone (buprenorphine and naloxone) but allowed the plaintiff...

Mealey's PI/Product Liability - Federal Judge Grants Partial Motion To Dismiss Claims In Six Flags Injury Suit

TRENTON, N.J. - A federal judge in New Jersey on Jan. 3 dismissed fraudulent concealment and breach of express and implied warranty claims in a suit in which a man claims that he was injured by a phone that hit him in the face while on a roller coaster at Six Flags Great Adventure because the man did...

Mealey's PI/Product Liability - Judge Excludes Testimony On Nurse's 'Indifference' To Inmate's Health Care

GULFPORT, Miss. - An expert may not testify that a nurse "was deliberately indifferent" to an inmate's health care, which led to his wrongful death, but the expert may testify that the nurse breached the relevant standard of care, a Mississippi federal judge ruled Jan. 3, also finding that...

Mealey's PI/Product Liability - 4th Circuit Panel Affirms Dismissal Of Negligence Suit Against United States

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeal on Jan. 4 affirmed a district court order dismissing a negligence suit brought against the United States by a sheriff's deputy who was injured on a Navy base after jumping off of a second-story training ship because the United States...

Mealey's PI/Product Liability - Wisconsin High Court Finds Medical Malpractice Testimony Was Reliable Under Daubert

MADISON, Wis. - An expert's medical testimony on the standard of reasonable care based on his personal experiences was reliable, the majority of the Wisconsin Supreme Court ruled Jan. 6, upholding an $885,000 medical malpractice judgment against a doctor (Braylon Seifert, by his Guardian ad litem...

Mealey's PI/Product Liability - Sovereign Immunity For Tribal Casino Limo Driver Debated In Supreme Court

WASHINGTON, D.C. - Not allowing non-Indians who were injured as a result of a tribal employee's negligence miles away from a reservation a remedy except what the tribe chooses to provide in tribal court "represents an extraordinary and unwarranted expansion of tribal immunity," an attorney...

Mealey's PI/Product Liability - 8th Circuit Rules Attempted Roof Repairs Did Not Toll Statute Of Repose

ST. LOUIS - Attempts to repair a leaking roof did not toll Arkansas' five-year statute of repose for claims arising from construction defects, an Eighth Circuit U.S. Court of Appeals panel ruled Jan. 6 in affirming an award of summary judgment to the manufacturer of allegedly defective roofing materials...

Mealey's PI/Product Liability - California Jury Awards Man $35 Million In Car Crash Negligence Suit

LOS ANGELES - A California jury on Jan. 9 awarded a man who was injured in a traffic accident $35 million after finding that the state transportation department knew about a hazard at an intersection in Los Angeles and that another driver was negligent and caused the crash (Nick Ekbatani v. CalTrans...

Mealey's PI/Product Liability - Beneficiaries May Pursue Jones Act Survival Claim, Asbestos MDL Judge Rules

PHILADELPHIA - Surviving beneficiaries of a Merchant Marine's Jones Act survival action originally filed in 1989 should not be penalized simply because the court lacked the resources to quickly resolve asbestos cases, a federal judge in Pennsylvania held Jan. 6 (Creighton E. Miller (administrator...

Mealey's PI/Product Liability - Judge: Experts Needed For Claim That Inferior Medical Care Led To Man's Death

PIERRE, S.D. - The parents of an Indian man who died while in the care of a Native American hospital and ambulance service managed by the U.S. government cannot pursue their claim that their son's death was caused by the negligence of health services employees because they failed to provide expert...

Mealey's PI/Product Liability - Judge Finds Navy Guidelines Sufficiently Precise For Removal Of Asbestos Case

TAMPA, Fla. - Experts' testimony that the U.S. Navy issued reasonably precise specifications for private manufacturers to meet sufficiently demonstrates control over the products in question, and Crane Co. need not show that the government would not have permitted additional warnings, a federal judge...

Mealey's PI/Product Liability - Split 6th Circuit: Kentucky Never Adopted Every-Exposure Causation Theory

LOUISVILLE, Ky. - The state of Kentucky never clearly adopted the every-exposure asbestos causation theory, a divided Sixth Circuit U.S. Court of Appeals panel held Jan. 10 in affirming summary judgment for a joint compound maker (Carol Lee Stallings, et al. v. Georgia-Pacific Corp., et al., No. 15-6387...

Mealey's PI/Product Liability - Judge: Investor Failed To Show Medical Device Maker Misstated FDA Conditions

BOSTON - A shareholder failed to show that a medical device maker and certain of its current and former executive officers issued material misrepresentations or omissions in connection with the company's statements made regarding the U.S. Food and Drug Administration's approval of a spinal injury...

Mealey's PI/Product Liability - Illinois Appellate Panel: Evidence Favored Doctor In Medical Malpractice Suit

ELGIN, Ill. - An Illinois appellate panel on Jan. 9 found that a trial court correctly denied a plaintiff's motion for judgment notwithstanding the verdict or for a new trial in a medical malpractice suit because the plaintiff failed to raise objections during the trial (Katherine Sondergaard v....

Mealey's PI/Product Liability - Taxotere MDL Judge Says Brand Name, Generic Drugs Are Part Of Litigation

NEW ORLEANS - The Louisiana federal judge overseeing the Taxotere hair loss multidistrict litigation on Jan. 11 told liaison counsel that the Judicial Panel on Multidistrict Litigation (JPMDL) intends that claims against generic drug manufacturers be included in the MDL (In Re: Taxotere [Docetaxel] Products...

Mealey's PI/Product Liability - New York Justice Denies Motion Seeking Exclusion Of Every-Exposure Testimony

NEW YORK - Experts in an asbestos case may make qualitative evaluations regarding exposure and need not precisely identify the quantity of exposure, a New York justice held in a Jan. 9 opinion denying defendants' wide-ranging motion (In re New York City Asbestos Litigation, Geraldine Andrews, et...

Mealey's PI/Product Liability - New York Court Finds Control Over Worksite, Reinstates Asbestos Verdict

NEW YORK - A power company's specification that contractors use asbestos and its ability to prevent the related injuries allow it to be held liable under New York Labor Law Section 200, a divided New York appellate court held Jan. 10 (Phyllis Brown, et al. v. A.O. Smith Water Products, et al., No...

Mealey's PI/Product Liability - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No...

Mealey's PI/Product Liability - Judge Adopts Magistrate Judge Report Granting Judgment For Pump, Boiler Maker

WILMINGTON, Del. - The Third Circuit U.S. Court of Appeals recently rejected the foreseeability standard plaintiffs seek in an asbestos action, a Delaware judge federal held Jan. 9 in adopting a magistrate judge's recommendation that two motions for summary judgment be granted (Jimmy R. Mitchell...

Mealey's PI/Product Liability - Panel Finds No Error In Accident Reconstruction Expert Testimony Admission

JACKSON, Miss. - Finding no error in the admission of accident reconstruction expert testimony, a Mississippi appeals panel on Jan. 10 affirmed the felony conviction of a woman for her drunken driving, which caused a death (Sara Jane Koch a/k/a Sarah Koch a/k/a Sara J. Koch v. State of Mississippi, No...

Mealey's PI/Product Liability - Judge: Investor Failed To Plead Demand Futility Under Either Prong Of Aronson

LOS ANGELES - An investor in a shareholder derivative lawsuit against 17 current and former executive officers and directors of a drug company has failed to show that the defendants were interested in the outcome of the litigation or that their actions were in violation of the business judgment rule...

Mealey's PI/Product Liability - Shire $350M Settlement Said To Be Largest For Medical Device False Claims

WASHINGTON, D.C. - In what the U.S. Justice Department calls the largest False Claims Act recovery in a medical device kickback case, Shire Pharmaceuticals LLC and certain subsidiaries will pay $350 million to settle federal and state allegations that the defendants paid remuneration to health care providers...

Mealey's PI/Product Liability - Zimmer Biomet To Pay $30.4M To Settle Foreign Bribery Claims By United States

WASHINGTON, D.C. - Orthopedic device maker Zimmer Biomet Holdings Inc. and an indirect subsidiary will pay $30.4 million to resolve criminal charges that they violated the Foreign Corrupt Practices Act (FCPA) by paying bribes to people in Mexico and for violating a 2012 deferred prosecution agreement...