LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Expert's Opinions In Defective Ladder Case Deserve Daubert Scrutiny

SCRANTON, Pa. - A Pennsylvania federal judge said May 31 that he must first hold a hearing pursuant to Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), before he decides a ladder maker's request to strike expert testimony for a man who was injured when he fell from a ladder and now...

Mealey's PI/Product Liability - 7th Circuit: Plaintiff Needs Expert To Pursue Broken IUD Complaint

CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 4 affirmed a lower court ruling that a plaintiff must designate an expert to testify as to why an intrauterine device (IUD) broke while it was being removed (Cheryl Dalton v. Teva North America, et al., No. 17-1990, 7th Cir., 2018 U.S. App....

Mealey's PI/Product Liability - Generic Imitrex Warning, Design Claims Are Preempted, Judge Rules

GREENVILLE, S.C. - A South Carolina federal judge on May 31 dismissed a generic Imitrex case, saying the plaintiff's warning and design defect claims are clearly preempted by U.S. Supreme Court rulings (Jennifer Galloway v. Aurobindo Pharma Limited Inc., et al., No. 17-1076, D. S.C., Greenville Div...

Mealey's PI/Product Liability - Separate Track Created In Opioid MDL For All 567 Indian Tribes In United States

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on June 4 assigned a magistrate judge to work with Native American tribes to develop a separate track for tribal claims (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-2804, N.D. Ohio, Eastern...

Mealey's PI/Product Liability - FDA Warns Websites To Stop Marketing Unapproved, Misbranded Opioids

SILVER SPRING, Md. - The U.S. Food and Drug Administration on June 5 warned nine online networks operating a total of 53 websites that they must stop illegally marketing potentially dangerous, unapproved and misbranded versions of opioid medications, including tramadol and oxycodone, or face injunctions...

Mealey's PI/Product Liability - 5th AndroGel Bellwether Trial Claiming Blood Clot Injury Under Way In MDL

CHICAGO - An AndroGel multidistrict litigation bellwether trial got under way on June 5 in the U.S. District Court for the Northern District of Illinois (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley, et al. v. AbbVie, Inc., et...

Mealey's PI/Product Liability - Couple Can Pursue Breach Of Contract Claim Over Shingles, Cabinets, Judge Says

CHICAGO - A couple seeking to lead a putative class action suit against the builder of 46 homes can pursue claims for breach of contract over the defendant company's use of 25-year shingles and wood veneer cabinets, a federal judge in Illinois ruled June 6, holding that the materials were not of...

Mealey's PI/Product Liability - Panel Rejects Franchisor's Appeal To Reverse Invalidation Of Arbitration Clause

TRENTON, N.J. - A New Jersey appeals panel on June 5 refused to depart from its 2016 decision invalidating an arbitration clause in an agreement to participate at a trampoline park franchise, finding that the clause does not clearly and unmistakably inform signers that they are agreeing to waive their...

Mealey's PI/Product Liability - Lundbeck To Pay $52.6M To Settle Federal Probe Into Patient Assistant Donations

VALBY, Denmark - H. Lundbeck A/S on June 6 announced that its U.S. subsidiary Lundbeck LLC has reached an agreement in principle with the U.S. Department of Justice to settle an investigation into the domestic subsidiary's donations to independent patient assistance charitable foundations for $52...

Mealey's PI/Product Liability - Judge Slices Most Of Expert's Opinions In Wrongful Death Suit Against Jail

WAYCROSS, Ga. - An expert for a widower in a wrongful death action against medical personnel had most of his opinions trimmed from his expert report June 6 by a Georgia federal judge due to lack of compliance with Federal Rule of Evidence 702, Fed. R. Evid. 702 (Sredrick Jones v. Wallace Steve Anderson...

Mealey's PI/Product Liability - Shingle Maker Awarded Summary Judgment In Class Action Suit Over Alleged Defect

ATLANTA - A federal judge in Georgia on June 8 awarded summary judgment to Atlas Corp. after finding that an Ohio man was unable to show that an alleged defect in the shingles installed on his home caused a leak that required the roof to be replaced (In re Atlas Roofing Corp. Chalet Shingle Products...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms Preemption Of Opioid Off-Label Death Claim

PHILADELPHIA - The Pennsylvania Superior Court on June 8 affirmed that a father's claim that his son's overdose death was caused by the off-label promotion of the opioid Actiq are preempted by federal law (Joseph A. Caltagirone, et al. v. Cephalon, Inc., et al., No. 1301 EDA 2017, Pa. Super....

Mealey's PI/Product Liability - Reduction Of Jury Award, Denial Of New Trial Affirmed By Massachusetts Court

BOSTON - The Massachusetts Appeals Court on June 6 affirmed the remittitur of a $32 million award to $20 million to the husband of a woman killed by a speeding SUV that crashed into a Cumberland Farms convenience store as she was entering it. The appeals court also refused to grant the store operator...

Mealey's PI/Product Liability - Iowa Appeals Panel Upholds $900,000 Award Following Nursing Home Death

DES MOINES, Iowa - A $900,000 jury award for the family of a woman who was determined to have died from dehydration due to negligence at the nursing home where she resided was not excessive given "degree of reprehensibility," an Iowa Court of Appeals panel ruled June 6, affirming a trial court's...

Mealey's PI/Product Liability - 6th Circuit Reverses Summary Judgment In Risperdal Gynecomastia Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 11 reversed summary judgment in a Risperdal gynecomastia lawsuit after finding that the trial court applied the wrong Kansas statute of repose (Joseph W. Ehrenfelt v. Janssen Pharmaceuticals, Inc., et al., No. 17-5292, 6th Cir., 2018 U.S. App...

Mealey's PI/Product Liability - Subsequent Home Buyer Cannot Pursue Claims Against Shingle Maker Over Defects

ATLANTA - A Kentucky man's lawsuit against the manufacturer of Chalet-brand roofing shingles cannot pursue claims based on the company's alleged breach of express and implied warranties for the product, a federal judge in Georgia ruled June 8, holding that the man failed to properly transfer...

Mealey's PI/Product Liability - Shingles' Limited Warranty Does Not Apply To Association, Judge Finds

ATLANTA - A federal judge in Georgia overseeing litigation over allegedly defective roofing shingles awarded summary judgment to the product's manufacturer on June 8, finding that the shingles' limited warranty does not apply to a condominium association because it was the third owner of the...

Mealey's PI/Product Liability - Endo Settles All Known Testosterone Drug Cases

DUBLIN, Ireland - Endo International PLC on June 11 announced that its Endo Pharmaceuticals Inc. and Auxilium Pharmaceuticals LLP subsidiaries have entered into a master settlement agreement to resolve "all known" testosterone replacement therapy product liability claims.

Mealey's PI/Product Liability - Couple Says Window Maker Breached Agreement When Replacing Defective Windows

BALTIMORE - A couple sued Jeld-Wen Inc. in Maryland federal court June 11 claiming that the company breached the terms of a June 2015 settlement agreement when replacing and repairing defective windows in their home with more defective windows (Carl J. Schramm, et al. v. Jeld-Wen Inc, No. 18-cv-01716...

Mealey's PI/Product Liability - Lipitor MDL Plaintiffs Lose On Appeal As 4th Circuit Upholds Experts' Rejection

RICHMOND, Va. - Finding no abuse or error in a federal judge's exclusion of the causation opinions of three experts for thousands of women seeking to hold Pfizer Inc. liable for their diabetes, which they say was caused by using the popular cholesterol drug Lipitor, the Fourth Circuit U.S. Court...

Mealey's PI/Product Liability - Securities Class Action Dismissed For Failure To Plead Falsity, Scienter

NEW YORK - A federal judge in New York on June 11 dismissed an amended shareholder complaint in its entirety and with prejudice, ruling that lead plaintiffs failed to plead falsity or scienter in making their federal securities law claims against an animal pharmaceutical company and certain of its senior...

Mealey's PI/Product Liability - Texas Creates Multidistrict Litigation For Opioid Suits By 18 Counties

AUSTIN, Texas - A Texas judicial panel on Jan. 13 granted a motion by opioid defendants to centralize lawsuits by Texas counties into a multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

Mealey's PI/Product Liability - 5th AndroGel Bellwether Trial Ends In Defense Verdict For AbbVie, Abbott

CHICAGO - The fifth AndroGel multidistrict litigation bellwether trial ended June 14 with a verdict for defendants AbbVie Inc. and Abbott Laboratories (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley, et al. v. AbbVie, Inc., et al...

Mealey's PI/Product Liability - Opioid MDL Judge Orders Briefing On New Media Access To DEA Drug Data

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on June 13 ordered the parties to submit briefs on whether the court should allow two newspaper groups to access drug distribution records being produced by the U.S. Drug Enforcement Administration (DEA) for the ongoing...

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Preemption Of Medtronic Drug Pump Case

CHICAGO - An Illinois state appeals court on June 14 affirmed that a plaintiff's claims involving an implanted drug pump are preempted, finding that the plaintiff failed to conduct discovery afforded her and to file an amended complaint that might have escaped preemption (Tracey Benyak v. Medtronic...