LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Plaintiff Moves For Approval Of $7 Million Settlement In Medical Negligence Suit

JACKSONVILLE, Fla. - A woman on June 15 filed a motion asking a federal judge in Florida to approve a $7 million settlement between her and the United States for brain damage her husband sustained during a two routine procedures at a naval hospital in Florida (Christina L. Hollis v. The United States...

Mealey's PI/Product Liability - Federal Judge Dismisses Trademark Infringement Suit Against Tobacco Shop

MIAMI - A federal judge in Florida on June 15 denied a pipe maker's motion for default final judgment and dismissed the trademark infringement suit without prejudice because the court does not have jurisdiction to hear the suit (Sream Inc. v. Hookah, Tobacco And Sun Inc., No. 17-CV-2020701, S.D....

Mealey's PI/Product Liability - Delaware Judge Finds Product Identification Evidence Lacking

WILMINGTON, Del. - Evidence that a company did not manufacture the type of fully assembled brake product a witness identified frees the company from an asbestos action, a judge in Delaware held June 14 (Amanda Dullinger and Stephen Dullinger v. American Honda Motor Co., et al., No. N15C-04-281, Del....

Mealey's PI/Product Liability - New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections

NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court...

Mealey's PI/Product Liability - Federal Jury Finds Surgeon Not Negligent In Medical Malpractice Suit

BALTIMORE - A federal jury in Maryland on June 15 found that a doctor was not negligent and did not breach the standard of care to a patient who sued him following a botched surgery (Collins v. Juan Arrisueno, M.D., et al., No. 1:13-CV-55, D. Md.).

Mealey's PI/Product Liability - PEX Pipe Maker Removes Suit Filed By Pulte Homes Over Ruptures

SAN ANTONIO - NIBCO Inc. on June 19 removed to Texas federal court a lawsuit filed by Pulte Homes of Texas L.P. claiming that PEX piping made by NIBCO is defective, arguing that complete diversity exists between the parties and because Pulte is seeking more than $75,000 in damages (Pulte Homes of Texas...

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

LEXINGTON, Ky. - A Kentucky appellate panel on June 16 affirmed a premises liability suit in favor of a homeowners association, its board members and a couple who owned a home after finding that none of the defendants owed a woman who injured herself on a sidewalk a duty to protect her (Frances Brooks...

Mealey's PI/Product Liability - Majority Reverses Denial Of Summary Judgment In Negligence Suit

INDIANAPOLIS - An Indiana appellate panel on June 19 found that a trial court erred in denying summary judgment for a group of local government defendants in a negligence suit after the majority found that the defendants did not have a duty to protect a man who died after contracting a deadly, brain...

Mealey's PI/Product Liability - Home Builder Agrees To Pay Penalty, Obtain Permits For Storm Water Discharges

NEWARK, N.J. - NVR Inc., doing business as Ryan Homes, on June 15 agreed to pay a $425,000 civil penalty and agreed to obtain National Pollutant Discharge Elimination System (NPDES) permits to resolve allegations from the federal government that the home builder was violating the Clean Water Act (United...

Mealey's PI/Product Liability - Judge Finds Negligent Failure-To-Warn Asbestos Claim Outside Scope Of Removal

NEW ORLEANS - Asbestos plaintiffs' claims that a shipyard negligently failed to warn about the dangers of asbestos on its premises do not create a colorable defense or causal nexus required for removal, a federal judge in Louisiana held June 19. The shipyard filed a notice of appeal on June 20 (Victor...

Mealey's PI/Product Liability - 4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows

RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer...

Mealey's PI/Product Liability - Missouri Judge Declares Mistrial In Talcum Powder Suit After Supreme Court Ruling

ST. LOUIS - A Missouri state court judge on June 20 declared a mistrial in a suit brought by three plaintiffs claiming that they or their family members developed ovarian cancer after using talcum powder sold by Johnson & Johnson, a day after the U.S. . Supreme Court issued its ruling in Bristol...

Mealey's PI/Product Liability - Texas Appeals Court Upholds Ruling Finding Homeowner Failed To Provide Notice

HOUSTON - A Texas appeals panel on June 20 upheld a ruling awarding summary judgment to a home builder after finding that a homeowner failed to provide the required presuit notification pursuant to the Residential Construction Liability Act (RCLA) (Vision 20/20, Ltd. v. Cameron Builders, Inc., No. 14...

Mealey's PI/Product Liability - Arizona Supreme Court Abolishes Test For Abuse Claims

PHOENIX - The Arizona Supreme Court on June 20 unanimously found that a trial court erred in granting a doctor and a nursing home summary judgment in a suit where a woman allegedly died because of their abuse and negligence and abolished the four-part test for determining whether a claim under the state...

Mealey's PI/Product Liability - No Acquittal By Judge Or New Trial In Fungal Meningitis Criminal Verdict

BOSTON - A Massachusetts federal judge on June 22 denied a judgment of acquittal or a new trial for Barry J. Cadden, the former head of the compounding pharmacy at the center of a deadly fungal meningitis outbreak (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass., 2017 U.S...

Mealey's PI/Product Liability - Missouri Sues Opioid Makers Purdue Pharma, Endo, Janssen For Addiction Epidemic

ST. LOUIS - The Missouri attorney general on Jan. 21 sued opioid makers Purdue Pharma L.P., Endo Health Solutions Inc. and Janssen Pharmaceuticals Inc. for allegedly misrepresenting the addictiveness of their products in violation of state law (The State of Missouri, ex rel. Joshua D. Hawley v. Purdue...

Mealey's PI/Product Liability - False Claims Act Lawsuit Involving Antifungal Vfend Gets Interlocutory Review

PHILADELPHIA - A Pennsylvania federal judge on June 22 certified a question about the viability of an 11-year-old False Claims Act (FCA) lawsuit alleging that Pfizer Inc.'s misrepresentations about use of the antifungal drug Vfend in cancer patients resulted in the submission of false claims to the...

Mealey's PI/Product Liability - Florida Appeals Panel Reverses Trial Court In Medical Malpractice Suit

TALLAHASSEE, Fla. - A Florida appellate panel on June 21 found that a trial court erred in reinstating a medical malpractice complaint because the plaintiff's expert affidavit was from a doctor who did not have the same exact specialty as the doctor she was suing and quashed an order reinstating...

Mealey's PI/Product Liability - New York Appeals Court Finds Suit Over Defectively Installed Pool Is Untimely

ALBANY, N.Y. - An appeals court panel in New York on June 22 upheld a ruling finding that a man's breach of warranty suit over an allegedly defectively installed pool was untimely because it was filed more than six years after the pool was installed (Paul Fallati v. Concord Pools, Ltd., No. 524075...

Mealey's PI/Product Liability - 4th Circuit Finds Navy Control Over Asbestos Warnings Sufficient For Removal

RICHMOND, Va. - A boiler maker did not need to show that the U.S. Navy specifically rejected additional warnings related to asbestos to successfully remove a case, a Fourth Circuit U.S. Court of Appeals panel held June 22, but on remand, the judge must determine whether Foster Wheeler LLC's removal...

Mealey's PI/Product Liability - Court: Law Firm, Not Lawyer Retained Privilege Over Attorney's Emails

SAN FRANCISCO - A law firm retained privilege over a former asbestos attorney's work product and was not required to obtain his permission before disclosing emails between him and a scientific consulting firm, a California appeals court held June 21 (Tucker Ellis v. The Superior Court of City and...

Mealey's PI/Product Liability - No Coverage For Insured's Deliberate Acts Of Unprotected Sex, 9th Circuit Affirms

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on affirmed a lower federal court's ruling that a homeowners insurer has no duty to defend its insured against underlying claims of battery, sexual battery, fraud, intentional infliction of emotional distress, negligence and negligent infliction...

Mealey's PI/Product Liability - Judge Bars Opinion That Asbestos Exposure Played Role In Previous Kidney Cancer

BALTIMORE - An expert in a mesothelioma case may not testify regarding his opinion that a man's previous kidney cancer also arose from the asbestos exposures in question, a federal judge in Maryland held June 22 in granting unopposed summary judgment on numerous claims (Jeffrey Rockman and Sonja...

Mealey's PI/Product Liability - 8th Circuit Finds Nebraska's Cap On Medical Malpractice Damages Constitutional

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 22 found that Nebraska's cap on damages in medical malpractice suits does not violate the U.S. Constitution and affirmed a trial court's decision to reduce a $17 million verdict to $1.75 million (Doran Schmidt, et al. v....

Mealey's PI/Product Liability - Surgeon Misidentification Of Implant Maker Doesn't Save Hip Implant Case

SOUTH BEND, Ind. - A hip implant patient cannot use her surgeon's statement for having named the correct defendant until it was too late, an Indiana federal judge ruled June 22 in denying reconsideration of summary judgment in favor of Biomet Orthopedics LLC (Linda Brown v. Biomet Orthopedics, LLC...