LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Washington Supreme Court Won't Be Asked To Rule On City's Opioid Suit

SEATTLE - A Washington federal judge on Nov. 30 denied a motion by opioid maker Purdue Pharma LP to certify to the state Supreme Court its challenge of a city's use of the municipal cost-recovery rule for costs that the defendant says are not a cognizable tort injury (City of Everett v. Purdue Pharma...

Mealey's PI/Product Liability - Parties Ask 9th Circuit To Unseal Nov. 28 Ruling In Incretin Mimetics MDL Case

SAN FRANCISCO - Defendants and plaintiffs on Dec. 1 and Nov. 30 urged the Ninth Circuit U.S. Court of Appeals to unseal its Nov. 28 order in their appeal of the dismissal of claims involving incretin mimetic diabetes drugs (Jean Adams, et al. v. Merck Sharpe & Dohme Corp., et al., No. 15-56997, 9th...

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

MONTGOMERY, Ala. - In a split decision, the majority of the Alabama Supreme Court on Dec. 1 affirmed a lower court's decision to grant summary judgment to a hospital in a medical malpractice suit but did so without authoring an opinion (Jerry Coleman v. Anniston HMA LLC, No. 1151212, Ala. Sup., 2017...

Mealey's PI/Product Liability - Appeals Court Overturns Ruling Severing Roofer From Defects Lawsuit

DAYTONA BEACH, Fla. - A trial court judge in Florida erred when granting a couple's motion to dismiss a condominium complex operator's third-party suit against a roofing subcontractor, a Florida appeals court panel ruled Dec. 1, finding that there is a clear risk of inconsistent verdicts if the...

Mealey's PI/Product Liability - Appeals Court: Assault Case Against Pharmacy Doesn't Require Expert Report

HOUSTON - A Texas appeals court on Nov. 30 affirmed a lower court in finding that a man who claims that he was assaulted by a pharmacist did not need to file an expert report with his suit because he did not file a health care liability suit (Walgreen Co. v. Charles Stewart, No. 01-17-00080-CV, Texas...

Mealey's PI/Product Liability - Expert Can Opine On Correctness Of Brain Injury Test, Magistrate Says

SAN ANTONIO - A neuropsychologist can testify as an expert witness on the appropriateness of using a computer-based test called the "Starry Night" test in diagnosing a traumatic brain injury because he is sufficiently qualified and his testimony is reliable, a Texas federal magistrate judge...

Mealey's PI/Product Liability - Pennsylvania Judge Vacates No Coverage Ruling In Dispute Over Racetrack Death

PHILADELPHIA - A Pennsylvania judge found that a lower court erred in finding that a commercial umbrella liability insurer has no duty to indemnify its insured against $2.6 million in punitive damages that it paid to settle an underlying wrongful death and survival action, vacating and remanding for...

Mealey's PI/Product Liability - N.Y. Justice Rejects Power Company's Reargument Of Asbestos Indemnity Claim

NEW YORK - A power company's contracts with its contractors requires indemnification only after the establishment of liability, a New York justice held in denying reargument in an asbestos case in an opinion posted Nov. 30 (In re New York City Asbestos Litigation Michael Koulermos and Marian Koulermos...

Mealey's PI/Product Liability - Pennsylvania Jury Awards $27.8M In State's 1st Xarelto Trial

PHILADELPHIA - A Pennsylvania state court jury on Dec. 5 awarded an Indiana woman and her husband $27.8 million for injuries allegedly caused by the anticoagulant drug Xarelto, a source told Mealey Publications (Lynn Hartman, et al. v. Janssen Pharmaceuticals, Inc., et al., No. 160503416, Pa. Comm. Pls...

Mealey's PI/Product Liability - Philippines FDA Orders Sanofi Pasteur To Pull New Dengue Fever Vaccine

MUNTINLUPA, Philippines - The Philippines Food and Drug Administration on Dec. 4 ordered Sanofi Pasteur Inc. to suspend the sale and distribution of its Dengvaxia dengue fever vaccine in the wake of a post-marketing clinical study indicating that the vaccine poses a potential risk to patients who have...

Mealey's PI/Product Liability - Mentor Asks Judicial Panel To End ObTape Pelvic Mesh MDL After Zero Cases Remain

COLUMBUS, Ga. - One of the oldest active pelvic mesh multidistrict litigations has no more cases, and the MDL should be closed, defendant Mentor Worldwide LLC told the U.S. District Court for the Middle District of Georgia on Dec. 4 (In Re: Mentor Corp. ObTape Transobturator Sling Products Liability...

Mealey's PI/Product Liability - Opioid False Claims Lawsuit Voluntarily Dismissed By Relator; U.S. Motion Still Sealed

SYRACUSE, N.Y. - A whistleblower on Nov. 30 was allowed by a New York federal court to voluntarily dismiss without prejudice her five-month-old federal False Claims Act lawsuit against six large opioid manufacturers in light of a federal government investigation, according to a court order (State of...

Mealey's PI/Product Liability - Medtronic Insulin Pump Case Dismissed As Preempted, But Plaintiff Can Refile

CAMDEN, N.J. - A New Jersey federal judge on Nov. 30 said that a plaintiff's claims involving an allegedly defective Medtronic Inc. insulin pump are preempted but that in light of the seriousness of the plaintiff's alleged injuries, the plaintiff can file an amended complaint to assert claims...

Mealey's PI/Product Liability - Document Production Ordered In Subrogation Suit Over Fire Caused By Water Heater

WICHITA, Kan. - A Kansas federal magistrate judge on Dec. 1 mostly granted motions to compel by a homeowners insurer and a water heater manufacturer, finding the parties' requested documents to be relevant to the product liability claims, related to a fire-causing water heater, and mostly nonprivileged...

Mealey's PI/Product Liability - About 180 Federal Opioid Cases Centralized In MDL Assigned To Ohio Court, Judge

WASHINGTON, D.C. - A federal judicial panel on Dec. 5 centralized almost 180 federal lawsuits against opioid manufacturers and distributers by cities, counties and state before U.S. Judge Dan A. Polster of the Northern District of Ohio (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804...

Mealey's PI/Product Liability - 9th Circuit Denies Try By Ex-InterMune CEO To Revisit Expert Witness Issue

SAN FRANCISCO - Former InterMune Inc. CEO W. Scott Harkonen, M.D., on Dec. 4 lost another attempt to vacate his 2009 wire fraud conviction when the Ninth Circuit U.S. Court of Appeals said he and his trial counsel voluntarily decided not to present testimony by their own biostatistician and pulmonologist...

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

FRESNO, Calif. - In an unpublished opinion released Dec. 4, a panel of the Fifth District California Court of Appeal affirmed summary judgment in a premises liability suit after finding that the plaintiff did not show that employees of a county-run senior center did not have actual or constructive knowledge...

Mealey's PI/Product Liability - Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new...

Mealey's PI/Product Liability - Louisiana Appeals Court Affirms Judgment In Contractor's Favor In Defects Dispute

LAKE CHARLES, La. - A Louisiana appeals court panel on Dec. 6 affirmed a trial court judge's $1,125 award to a contractor accused of construction defects, finding that the evidence demonstrated that while the standards of the contractor's work were comparable to a "Volkswagen" rather...

Mealey's PI/Product Liability - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al...

Mealey's PI/Product Liability - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th...

Mealey's PI/Product Liability - Man Says Asbestos Law Doesn't Require Medical Opinion On 'Smoker' Status

COLUMBUS, Ohio - Requiring every asbestos lung cancer plaintiff who ever smoked tobacco to provide a medical expert opinion that the person doesn't qualify as a "smoker" would produce absurd results, burden nonsmokers and is at odds with a decade of precedent and the law's intent, a...

Mealey's PI/Product Liability - New Jersey Appeals Panel Orders New Trial in Premises Liability Suit

TRENTON, N.J. - In an unpublished opinion released Dec. 7, a two-judge panel of the New Jersey Superior Court Appellate Division of the Superior Court of New Jersey vacated a $434,000 verdict and ordered a new trial in a premises liability suit after finding that the verdict sheet was confusing to jurors...

Mealey's PI/Product Liability - Judge Finds Evidence Lacking In Laborer's Asbestos Case Against Union Carbide

DURHAM, N.C. - Two co-workers' inability to recall how a man could have been exposed to a defendant's product is the extent of a man's asbestos case and falls short of the regular, frequent, proximate standard for causation, a federal judge in North Carolina said Dec. 7 (Jonathan A. Queen...

Mealey's PI/Product Liability - Judge: Deleting Asbestos Claim Doesn't Eliminate Federal Jurisdiction

NEW ORLEANS - The presence of a second defendant entitled to federal jurisdiction means that despite proper elimination of claims against a shipyard, an asbestos case will stay in federal court, a federal judge in Louisiana held Dec. 6 (Diane Pitre, et al. v. Huntington Ingalls Inc., et al., No. 17-7029...