LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Federal Magistrate Judge: Expert's Opinion On Bath Mat's Suitability Is Reliable

KNOXVILLE, Tenn. - A mathematician can provide expert testimony regarding the suitability of a bath mat that allegedly caused a woman to slip and fall after coming out of a shower stall in a condominium, a federal magistrate judge in Tennessee ruled Aug. 11, holding that the expert was qualified and...

Mealey's PI/Product Liability - Parties Were Properly Aligned In Coverage Dispute, 6th Circuit Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's finding that parties were properly aligned in a dispute over whether additional coverage is owed to satisfy an underlying $3,736,278 judgment against an insured for breaching its duty to exercise ordinary...

Mealey's PI/Product Liability - Washington Panel Affirms No Coverage Ruling In Intentional Act Dispute

SEATTLE - A Washington appeals panel on Aug. 14 found that because an insured intentionally struck another person in the face several times and the harm of a broken jaw was reasonably foreseeable, there are no issues of material fact regarding whether the insured's act was intentional (State Farm...

Mealey's PI/Product Liability - Tennessee Appeals Panel Affirms Summary Judgment In Premises Liability Suit

JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County...

Mealey's PI/Product Liability - Texas Appeals Panel Finds City Is Immune From Premises Liability Suit

DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).

Mealey's PI/Product Liability - Plaintiff Urges Florida Court To Allow Asbestos Experts, Award, Reject Daubert

TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182,...

Mealey's PI/Product Liability - Standard-Of-Care Opinions Allowed In Suit Over Veteran's Suicide

KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge...

Mealey's PI/Product Liability - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert...

Mealey's PI/Product Liability - Mylan Pays $465M To Settle False Claims Suit Alleging Underpaid Medicaid Rebates

WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act...

Mealey's PI/Product Liability - Georgia Panel Affirms Dismissal Of Wrongful Death Claims Against Hospital

ATLANTA - A Georgia appellate panel on Aug. 16 affirmed the dismissal of wrongful death and loss of consortium claims in a renewed medical malpractice suit because the original suit was not properly served and the statute of limitations had expired on the renewed claims (Faleshia Lathan v. Hospital Authority...

Mealey's PI/Product Liability - Kansas Appeals Court Upholds Rulings Against Couple In Construction Defects Suit

TOPEKA, Kan. - An appellate panel in Kansas on Aug. 18 upheld rulings denying a couple's motion for a new trial and for a change of judge to preside over their construction defects lawsuit against Pulte Homes of Greater Kansas City Inc., finding that the request for a new trial was untimely and the...

Mealey's PI/Product Liability - Woman Sues City, Lot Owners After Injury From Fall On Sidewalk

LOS ANGELES - A woman filed suit in California state court on Aug. 18 against a city government and the private owners of a lot claiming that she was injured by tripping over a raised portion of a sidewalk belonging to the city and that the city and the owners of a lot near the alleged hazardous sidewalk...

Mealey's PI/Product Liability - Medical Malpractice Suit Against Doctor To Continue, Texas Appeals Panel Rules

BEAUMONT, Texas - A Texas appellate panel majority on Aug. 17 found that a trial court did not err in denying a doctor's motion to dismiss a wrongful death and medical malpractice suit against him because both of the plaintiffs' experts are qualified to opine on the connection between an alleged...

Mealey's PI/Product Liability - Appeals Panel Reverses Summary Judgment To Restaurant In Slip-And-Fall Suit

KNOXVILLE, Tenn. - An appeals panel in Tennessee on Aug. 18 found that a restaurant did have superior, actual or constructive knowledge of a puddle formed by a melting bag of ice and reversed a trial court's order granting summary judgment to the restaurant and remanded the suit for further proceedings...

Mealey's PI/Product Liability - Shipbuilder Appeals Ruling That Asbestos Mandate Didn't Preclude Safety Measures

NEW ORLEANS - A ship builder on Aug. 17 appealed a federal judge's conclusion that remand was warranted because the U.S. Navy's mandate that ships contain asbestos-containing insulation aboard warships did not prevent the company from warning employees of the dangers or from implementing adequate...

Mealey's PI/Product Liability - Man's Asbestos Case Against Pipe Manufacturer Can Keep Trucking, Judge Says

WILMINGTON, Del. - A man's testimony that he encountered dust when loading a company's asbestos-containing cement pipe onto his flat-bed truck, even where potentially questionable, sufficiently identifies the product and creates genuine issues of material fact, a Delaware judge held Aug. 17 ...

Mealey's PI/Product Liability - California State Jury Awards $417 Million In Talcum Powder Suit

LOS ANGELES - A California jury on Aug. 21 awarded a woman who said Johnson & Johnson's talcum powder caused her ovarian cancer a total of $417 million in damages (Eva Echeverria v. Johnson & Johnson, No. JCCP4872, Calif. Super. Los Angeles Co.).

Mealey's PI/Product Liability - Defense Verdict Returned In 3rd Xarelto Multidistrict Bellwether Trial

JACKSON, Miss. - A Mississippi federal jury on Aug. 18 returned a defense verdict in the third Xarelto bleeding trial, finding that defendants Janssen Research & Development LLC and Bayer Healthcare Pharmaceuticals Inc. did not fail to adequately warn the plaintiff's doctor about the safe use...

Mealey's PI/Product Liability - 3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible

PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc...

Mealey's PI/Product Liability - 9th Circuit Panel Partially Overturns Securities Class Action Ruling

SEATTLE - A federal district court partially erred in dismissing a shareholder class action lawsuit against a health care company and its CEO over their alleged misrepresentations made with regard to its breast cancer screening products because the lead plaintiff has shown that certain of the defendants'...

Mealey's PI/Product Liability - Colorado Supreme Court Denies Certiorari For Premises Liability Suit

DENVER - The Colorado Supreme Court on Aug. 21 declined to hear a case over whether a lower appellate court erred in granting summary judgment to a business owner in a premises liability suit because certain claims against the business owner were precluded by Colorado's Premises Liability Act (Faith...

Mealey's PI/Product Liability - Texas Appeals Panel Reverses Summary Judgment In Slip-And-Fall Suit

DALLAS - An appellate panel in Texas on Aug. 21 found that a trial court erred in granting summary judgment to a grocery store in a slip-and-fall lawsuit because there was evidence that an employee who slipped on water told a supervisor about the hazard and that the supervisor told another employee to...

Mealey's PI/Product Liability - Delaware Judge: Unsupported Affidavit Can't Trump Statute Of Limitations Defense

WILMINGTON, Del. - A woman's unsupported claim that she first learned of the potential asbestos-lung cancer connection when her attorneys filed suit are insufficient to overcome a defendant's statute of limitations challenge, a judge in Delaware held Aug. 18 (Sherrie Bagwell, et al. v. BorgWarner...

Mealey's PI/Product Liability - Judge Remands, Says Asbestos Case Focuses On Insulation, Not Prototype

LOS ANGELES - Commercially available insulation, and not the working prototype of a U.S. Navy nuclear propulsion system on which it was applied, is the focus of a widow's case, a federal judge in California held Aug. 21 in reversing course and remanding an asbestos case originally removed under the...

Mealey's PI/Product Liability - Judge Won't Reconsider Judgment For Asbestos Joint Compound Maker

WILMINGTON, Del. - A man's motion for reconsideration of a ruling granting judgment to an asbestos-containing joint compound maker, while timely, simply rehashes points previously rejected and must be denied, a Delaware judge held Aug. 18 (Lorenzo I. Garcia v. Georgia Pacific LLC, et al., No. N16C...