LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Florida Appellate Panel Affirms New Trial Order In Tobacco Suit

WEST PALM BEACH, Fla. - A majority of an appellate panel in Florida on Jan. 10 affirmed a trial court's decision to grant a tobacco company's motion for a new trial in an Engle progeny suit because the court cured its own error of dismissing 31 potential jurors without giving the defense the...

Mealey's PI/Product Liability - California Appeals Court Says Flagstone Seller Cannot Obtain Attorney Fees

LOS ANGELES - A building materials supplier accused of selling defective flagstone to a couple's masonry subcontractor cannot obtain attorney fees from the plaintiffs after prevailing on its breach of warranty claim, a California appeals panel ruled Jan. 9, holding that an agreement between the seller...

Mealey's PI/Product Liability - Endo Pharmaceuticals Parent Says It Got Grand Jury Subpoena For Oxymorphone

DUBLIN, Ireland - Endo International plc on Jan. 11 announced that subsidiary Endo Pharmaceuticals Inc. has received a grand jury subpoena from the U.S. attorney for the Southern District of Florida for documents and information about the company's oxymorphone products.

Mealey's PI/Product Liability - Florida Appeals Panel Reverses $4.5 Million Verdict In Tobacco Suit

WEST PALM BEACH, Fla. - A Florida appeals panel on Jan. 10 reversed a $4.5 million verdict in an Engle progeny suit without explanation but ordered that a plaintiff who represents her mother's estate be able to file leave to add punitive damages (Philip Morris USA Inc., et al. v. Jacqueline Mechelle...

Mealey's PI/Product Liability - Cigar Shops Seek Injunction From Having Warning Labels On Packages

SHERMAN, Texas - Two cigar shops and a merchant association on Jan. 11 sued the U.S. Food and Drug Administration and other government departments in a Texas federal court, claiming that the warning the organizations required on cigar packages would violate the First Amendment rights of the cigar sellers...

Mealey's PI/Product Liability - Subcontractor Not Required To Indemnify Builder For Defects, Appeals Court Rules

COLUMBIA, S.C. - A subcontractor accused of construction defects is not required to indemnify or contribute to a $150,000 arbitration award issued to a woman in her lawsuit against D.R. Horton Inc., a South Carolina appeals panel ruled Jan. 10, finding that the indemnification clause in the agreement...

Mealey's PI/Product Liability - Claims That Breast Implant Maker Concealed Leaks Can Proceed, Illinois Judge Says

CHICAGO - An Illinois federal judge on Jan. 11 said a plaintiff can proceed with her claim that Mentor Worldwide LLC concealed the risk of leaks from its MemoryGel breast implants and dismissed without prejudice her other claims as preempted (Catherine Gravitt, et al. v. Mentor Worldwide, LLC, No. 17...

Mealey's PI/Product Liability - FDA Warns Of Adverse Events, Deaths From High-Tech Nasogastric Feeding Tubes

SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 warned that improper placement of technology enabled nasogastric feeding has led to pneumothorax adverse events that include cardiac arrest and at least 16 patient deaths.

Mealey's PI/Product Liability - FDA: Don't Use Codeine, Hydrocodone In Patients Under 18

SILVER SPRING, Md. - The Food and Drug Administration on Jan. 11 required new warnings on prescription cough and cold medicines containing codeine and hydrocodone that the drugs are not to be used in people under 18 because the risks outweigh the benefits.

Mealey's PI/Product Liability - Federal Judge Affirms Jurisdictional Dismissals In Missouri Asbestos Case

ST. LOUIS - A federal judge in Missouri on Jan. 11 denied a motion for reconsideration, saying the U.S. Supreme Court issued an opinion clarifying the standard for jurisdiction before he issued his own opinion, while also saying the newly minted precedent would not change the outcome (Willie Everett...

Mealey's PI/Product Liability - Split 5th Circuit: 2 Suits Over Radioactive Material May Be Removed As Mass Action

NEW ORLEANS - Two personal injury lawsuits related to naturally occurring radioactive material (NORM), one of which was filed before the effective date of the Class Action Fairness Act (CAFA), may be removed to a federal court under CAFA as a mass action after the plaintiffs sought to consolidate the...

Mealey's PI/Product Liability - 1st Circuit Reverses Dismissal Of 3 Pharmacists From NECC Misbranded Drug Case

BOSTON - The First Circuit U.S. Court of Appeals on Jan. 12 reversed the dismissal of criminal charges against three pharmacists who shipped misbranded drugs from the former New England Compounding Center (NECC), saying that whether the pharmacists knew that the drugs were going out under phony patient...

Mealey's PI/Product Liability - Plaintiffs' Firm, Trustee Settle Indemnification Dispute After Appeal Hearing

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 11 agreed to hold in abeyance a ruling on a plaintiff attorney's reimbursement of an Avandia settlement trustee after the parties told the court Jan. 9 that they reached a tentative settlement (In Re: Avandia Marketing, et al., No. 16...

Mealey's PI/Product Liability - Cook IVC MDL Case Remanded To Avoid Severing Doctor, Allow 'Empty Chair' Defense

INDIANAPOLIS - An Indiana federal judge overseeing the Cook inferior vena cava (IVC) filter multidistrict litigation on Jan. 11 remanded a case to state court, finding that the implanting doctor is an indispensable party to the case and that severing him would allow product liability defendant Cook Medical...

Mealey's PI/Product Liability - Texas Appeals Panel Orders Dismissal Of Shooting Death Claims

HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Jan. 11 found that a trial court erred in finding that a university waived its governmental immunity in a suit where a woman claimed that the university's negligence was to blame for her son's murder because the woman did...

Mealey's PI/Product Liability - Couple Not Entitled To Attorney Fees In Defects Suit, Appeals Court Says

BATON ROUGE, La. - A couple who prevailed on their claims that a home builder committed fraud when telling them he built a house that had construction defects cannot receive $30,600 in attorney fees, a 2-1 Louisiana appeals panel ruled Jan. 11, finding that the man was not a party to the sales agreement...

Mealey's PI/Product Liability - 5th Circuit: Receipt Of Deposition Transcript Starts Removal Clock

BATON ROUGE, La. - The clock for removing an asbestos case began with the receipt of the deposition transcript, a Fifth Circuit U.S. Court of Appeals panel said Jan. 11 in adopting a bright-line test (Curtis D. Morgan v. Dow Chemical Co., et al., No. 17-30523, 5th Cir., 2018 U.S. App. LEXIS 741).

Mealey's PI/Product Liability - After 4th Circuit Finds Asbestos Removal Proper, Judge Finds It Timely

RICHMOND, Va. - Adopting an asbestos plaintiff's timeliness argument in opposing removal requires the court to impermissibly determine a boilermaker's subjective knowledge, a federal judge in Maryland held in denying remand on Jan. 10 (Janya Sawyer, et al. v. Union Carbide Corp., et al., No....

Mealey's PI/Product Liability - 9th Circuit Affirms Injuries Arose Out Of 'Assault And Battery'; Coverage Limited

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 12 rejected appellants' argument that whether the injuries they suffered were the result of an "assault and battery" under a commercial general liability insurance policy is a question of fact for a jury, affirming a lower...

Mealey's PI/Product Liability - Appeals Panel Affirms Dismissal Of Medical Malpractice Suit

ST. PAUL, Minn. - A Minnesota appellate panel on Jan. 16 affirmed the dismissal of a medical malpractice suit against a doctor and the practice he worked, ruling that the trial court did not err in finding that the plaintiff's expert affidavit did not sufficiently show a chain of causation (Ludwig...

Mealey's PI/Product Liability - Montana Supreme Court Affirms Summary Judgment In Medical Malpractice Suit

HELENA, Mont. - The Montana Supreme Court on Jan. 16 unanimously affirmed a trial court's decision to grant summary judgment in a medical malpractice suit after finding that a man who claimed he was prematurely discharged from a hospital and improperly prescribed pills failed to file an expert affidavit...

Mealey's PI/Product Liability - Judge Partially Grants, Denies Motion For Summary Judgment In Slip-And-Fall Suit

DETROIT - A federal judge in Michigan on Jan. 12 partially granted and partially denied a pet store's motion for summary judgment in a suit where a woman claimed that she was injured after slipping in the store because she showed that the store had notice of the hazard (Jeanne Taylor v. PetSmart...

Mealey's PI/Product Liability - Rail Car Pipe Insulation Asbestos Claims Survive Preemption, Federal Judge Says

KANSAS CITY, Kan. - Claims of asbestos exposure from pipe insulation aboard railway passenger cars do not clearly implicate federal statutes governing locomotives or safety appliances and avoid preemption, a federal judge in Kansas held Jan. 12 (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan...

Mealey's PI/Product Liability - Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action

ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other...

Mealey's PI/Product Liability - Exclusionary Language 'Undeniably Captures' Alleged Conduct, 11th Circuit Affirms

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 12 affirmed a lower federal court's ruling that a liquor liability insurance policy's assault and battery exclusion relieves the insurer of its duty to defend against an underlying lawsuit that resulted in a $3.5 million consent judgment...