LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Plaintiffs In Pinnacle Hip Bellwether Trial Will Seek State Consumer Law Penalties

DALLAS - Six plaintiffs in an ongoing DePuy Pinnacle hip multidistrict litigation bellwether trial on Nov. 28 told a Texas federal court that after the verdict, they intend to ask the court to determine that defendant DePuy Orthopaedics Inc. violated California's unfair competition law (UCL) and...

Mealey's PI/Product Liability - Minnesota Jury Awards $7.55 Million In E. Coli Suit

MINNEAPOLIS - A Minnesota jury on Nov. 22 found that the company that owns a pumpkin patch was liable for the kidney damage a child suffered from contracting E. coli from a petting zoo at the pumpkin patch and awarded her and her family $7.55 million (Stephanie Heidish, et al. v. Dehn's Pumpkins...

Mealey's PI/Product Liability - Players Who Approve Of NFL Settlement Say Objectors Misrepresent Class Rep's Death

WASHINGTON D.C. - Former professional football players who support the settlement between themselves and the National Football League (NFL) tell the U.S. Supreme Court in a Nov. 22 supplemental brief that the players who object to the settlement are misrepresenting the death of one of the class representatives...

Mealey's PI/Product Liability - 4th Circuit Finds Judge Erred In Denying Center's Discovery Request

RICHMOND, Va. - A federal judge in Maryland erred when denying a medical center's request for discovery and awarding summary judgment to a builder accused of concealing construction defects, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 23, finding that the requested discovery could have...

Mealey's PI/Product Liability - Fungal Meningitis Defendant Wants Criminal Trial Continued To Review Evidence

BOSTON - A defendant facing federal murder charges in connection with the New England Compounding Center (NECC) fungal meningitis outbreak on Nov. 25 asked a Massachusetts federal court to continue his January trial, saying he is at a disadvantage because he only recently got access to discovery from...

Mealey's PI/Product Liability - 11th Circuit: Hip Plaintiff Missed Deadline By Withholding Service

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 28 agreed with a lower court that in filing a DePuy hip lawsuit but withholding service in hopes of a settlement, a plaintiff's claim was actually not initiated until after the applicable two-year statute of limitations (Maeola Goldthrip, et...

Mealey's PI/Product Liability - Judge Refuses To Remand Construction Defects Suit, Trims Claims

LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge...

Mealey's PI/Product Liability - Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit

SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App...

Mealey's PI/Product Liability - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the...

Mealey's PI/Product Liability - California High Court Finds Duty To Prevent Household Asbestos Exposures

SACRAMENTO, Calif. - California imposes a duty on employers and premises owners to prevent reasonably foreseeable asbestos exposures to household members, the state Supreme Court held Dec. 1 (Johnny Blaine Kesner v. Superior Court of California for the County of Alameda, No. S219534, Haver v. BNSF, No...

Mealey's PI/Product Liability - Georgia Top Court: Manufacturer Had No Duty To Warn Of Take-Home Exposures

ATLANTA - A manufacturer of asbestos-containing pipe had no duty to warn about the potential danger of take-home exposures, Georgia's top court held Nov. 30, while finding that such a duty would be impractical in practice and would unreasonably shift responsibility to the product user (CertainTeed...

Mealey's PI/Product Liability - Judge: Fact Issue Exists As To Whether Professional Services Exclusion Was In Policy

JONESBORO, Ark. - Ruling on dueling summary judgment motions, an Arkansas federal judge concluded Nov. 28 that there is a genuine factual dispute concerning whether a professional services exclusion was included in a commercial general liability insurance policy when an underlying injury occurred at...

Mealey's PI/Product Liability - $1B Verdict Returned In 6-Plaintiff Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Dec. 1 returned a verdict of more than $1 billion in favor of six plaintiffs in the second DePuy Pinnacle hip multidistrict litigation bellwether trial (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631...

Mealey's PI/Product Liability - Judge Dismisses Case, Finds Personal Jurisdiction Lacking In Asbestos Action

NEW ORLEANS - A company's uncontested evidence that it had no contacts in Louisiana overcomes conclusory statements and suffices for a finding that a court lacks personal jurisdiction over it, a federal judge in Louisiana held Nov. 30 (Breck Williams, et al. v. Rust Engineering & Construction...

Mealey's PI/Product Liability - Homeowners' Defects Suit Requires Presuit Notification, Appeals Court Says

SACRAMENTO, Calif. - A California appeals panel on Dec. 2 granted a home builder's request for a writ of mandate after finding that a trial court erred in denying its motion to stay on the ground that a lawsuit filed by a group of homeowners is not subject to the presuit notification requirement...

Mealey's PI/Product Liability - Florida Appellate Panel Reverses Summary Judgment In Dog Bite Suit

MIAMI - A Florida appellate panel on Nov. 30 reversed summary judgment in favor of a guard dog company in a dog bite suit because Florida's dog bite law "imposes strict liability on dog owners, subject only to a plaintiff's comparative negligence, which in this case must be determined by...

Mealey's PI/Product Liability - NHL Answers Former Players' 2nd Amended Complaint In Concussion MDL

MINNEAPOLIS - The National Hockey League (NHL) on Dec. 1 responded to a second amended complaint filed in the concussion multidistrict litigation in federal court in Minnesota, saying the league's conduct was not illegal and it is not responsible for the alleged injuries the former players sustained...

Mealey's PI/Product Liability - Mentor ObTape MDL Judge Reverses Ruling On Statute Of Limitations

COLUMBUS, Ga. - The Georgia federal judge overseeing the Mentor ObTape pelvic mesh multidistrict litigation on Dec. 5 reversed summary judgment in one "unique" case, finding on reconsideration that there is a factual dispute as to when the plaintiff became aware that the device was the cause...

Mealey's PI/Product Liability - Illinois Appellate Panel Reverses Summary Judgment In Negligence Suit

ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle...

Mealey's PI/Product Liability - Judge Finds Affidavits Filed In Other Cases, Courts Support Removal

BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Mealey's PI/Product Liability - Medical Malpractice Suit Filed Against California Dentist, Dental Practice

SANTA ANA, Calif. - The family of a 6-year-old girl who was injured while undergoing a "baby root canal" procedure filed suit on Dec. 5 in California state court against the dentist who performed the procedure and the practice for which he worked (Ericka Lorena Mendez, et al. v. Jerry Minsky...

Mealey's PI/Product Liability - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement...

Mealey's PI/Product Liability - Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit

FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative...

Mealey's PI/Product Liability - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp....

Mealey's PI/Product Liability - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...