LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Window Sealant Maker Ordered By Judge To Produce Complaints About Malfunctions

RUTLAND, Vt. - The manufacturer of an allegedly defective window sealant was ordered by a federal judge in Vermont on Oct. 6 to produce complaints the company received about the sealant dripping onto window panes or spreading from its intended location for an 11-year period (H. Hirschmann, Ltd. v. Green...

Mealey's PI/Product Liability - Florida Jury Awards $7.1 Million To Family In Wrongful Death Smoking Suit

WEST PALM BEACH, Fla. - A Florida state court jury on Oct. 10 awarded the widower of a woman more than $7 million after finding that Philip Morris USA Inc. engaged in a conspiracy to mislead the public about the dangers of smoking and that Philip Morris concealing the harmfulness of smoking ultimately...

Mealey's PI/Product Liability - Texas Appeals Court Says Statute Of Repose Bars Suit Over Retaining Wall

DALLAS - The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state's 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder's summary...

Mealey's PI/Product Liability - Federal Claim Against School Board In Premises Liability Suit Dismissed

HUNTSVILLE, Ala. - A federal judge in Alabama on Oct. 10 dismissed a federal claim against a school board in a premises liability suit after finding that a student athlete who was assaulted by an adult was not under the protection of a school board because the assault occurred during a voluntary practice...

Mealey's PI/Product Liability - Panel: Judge Did Not Err In Ordering Installer To Replace, Not Repair, Windows

HARRISBURG, Pa. - A Pennsylvania trial court judge did not err in awarding $67,420.25 in damages to a property owner for water intrusion caused by improperly installed windows, a state appeals panel ruled Oct. 10, holding that expert testimony supported the finding that replacing the windows rather than...

Mealey's PI/Product Liability - Iowa Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

DES MOINES, Iowa - A panel of the Iowa Court of Appeals on Oct. 11 affirmed a defense verdict in a medical malpractice suit after finding that a trial court was right to find that testimony the plaintiff's expert gave was cumulative (V.P., a minor, by Dhiren Patel and Shital Patel, his parents and...

Mealey's PI/Product Liability - Appeals Panel Upholds Order Denying Summary Judgment In Premises Liability Suit

HARRISBURG, Pa. - In an unpublished opinion issued Oct. 10, a panel of the Pennsylvania Superior Court affirmed a decision to deny summary judgment to a company that owns an apartment complex after finding that a woman who injured herself after falling down a set of stairs raised genuine issues as to...

Mealey's PI/Product Liability - N.Y. Court Told To Nix Asbestos Punitive Damages, Safeguard Trust Transparency

NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos...

Mealey's PI/Product Liability - 7th Circuit Panel Affirms Dismissal Of Depakote RICO Class Action By Insurers

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 12 affirmed dismissal of a racketeering class action against Abbott Laboratories for its off-label promotion of the seizure drug Depakote, saying there are too many layers between the drug manufacturer's actions and Depakote prescriptions...

Mealey's PI/Product Liability - BASF, Citing Its Employment Of Judge's Sister, Seeks Recusal Of Asbestos Judge

NEWARK, N.J. - A judge's sister's access and control over company documents while employed by a defendant require that the judge recuse herself from a case alleging asbestos contamination of talc and spoliation of evidence, the company claims in an Oct. 10 memorandum (Audrey Sampson, et al. v...

Mealey's PI/Product Liability - Evidence Supports Insured's Claims For Bad Faith Against Auto Insurer, Judge Says

SCRANTON, Pa. - An insured seeking uninsured motorist benefits for injuries sustained in a hit-and-run accident provided sufficient evidence in support of claims for bad faith against the auto insurer, a Pennsylvania federal judge said Oct. 10 in denying the insurer's motion to dismiss (Thomas Meyers...

Mealey's PI/Product Liability - 1st Circuit Denies Rehearing In Securities Suit Against Drug Company

BOSTON - The First Circuit U.S. Court of Appeals denied a petition for rehearing and rehearing en banc in a securities class action filed by a pharmaceutical company's shareholders who alleged that the company and certain of its executive officers misrepresented the likelihood of U.S. Food and Drug...

Mealey's PI/Product Liability - California High Court Won't Hear Appeal In $48.1M Motrin Case; Partial Retrial Due

LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against...

Mealey's PI/Product Liability - Kentucky Appellate Majority Affirms Summary Judgment In Medical Malpractice Suit

FRANKFORT, Ky. - A majority of a panel of the Kentucky Court of Appeals on Oct. 13 affirmed a trial court's decision to grant summary judgment to a hospital after finding that a woman's negligence suit was based on medical malpractice and therefore required expert testimony over what options...

Mealey's PI/Product Liability - 8 Injured In Charlottesville Protest Sue Right Wing Groups

CHARLOTTESVILLE, Va. - Eight people who were injured in Charlottesville during a "Unite the Right" rally planned on Aug. 12 to protest the removal of the statute of Confederate General Robert E. Lee filed suit in federal court in Virginia on Oct. 12 against white supremacy groups and their...

Mealey's PI/Product Liability - Asbestosis Settlement Contemplates, Bars, Mesothelioma Claim, Judge Says

WASHINGTON, D.C. - An agreement resolving a couple's asbestosis claim specifically envisions future mesothelioma claims as among the universe of potential claims and bars a subsequent suit, a federal judge in Louisiana held Oct. 13 (Lorita M. Savoie, et al. v. Huntington Ingalls Inc., et al., No...

Mealey's PI/Product Liability - EpiPen MDL Judge Allows Document Discovery But Stays Depositions

TOPEKA, Kan. - The Kansas federal judge overseeing the EpiPen multidistrict litigation on Oct. 13 agreed to partially lift a discovery stay on documents but kept in place his stay of depositions (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D...

Mealey's PI/Product Liability - Judge: 2 Of 3 Claims In Drug Pump Case Not Preempted, But Don't Link Causation

FRESNO, Calif. - Two out of three claims in a drug pump overdose case are not preempted, but a California federal judge on Oct. 13 nonetheless dismissed the plaintiff's case with prejudice because the plaintiff did not show that Medtronic Inc.'s manufacturing problems were what caused his device...

Mealey's PI/Product Liability - 46 States, Cities, Counties Move For National Opioid MDL; Hearing Set For Nov. 30

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 17 scheduled arguments for the creation of a national prescription opiate multidistrict litigation (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, JPMDL).

Mealey's PI/Product Liability - Missouri Appeals Panel Vacates $72 Million Verdict Against Johnson & Johnson

ST. LOUIS - A panel of the Third Division of the Eastern District Missouri Court of Appeals on Oct. 17 vacated a $72 million verdict in favor of the estate of a woman who died from ovarian cancer caused by years of using talcum powder made by Johnson & Johnson because the trial court lacked personal...

Mealey's PI/Product Liability - Cherokee Nations Seeks Third-Party Reimbursement, Recovery For Actos Injuries

LAFAYETTE, La. - The Cherokee Nation on Oct. 16 told the Actos multidistrict litigation court that its class action on behalf of all Native American tribes is being brought under federal laws and should remain in the MDL court and not be transferred to an Oklahoma federal court (In Re: Actos Product...

Mealey's PI/Product Liability - Pennsylvania Jury Awards $15.5 Million To Couple Following Drunk Driver Accident

PHILADELPHIA - A jury in Pennsylvania state court on Oct. 17 awarded a couple $15.5 million against a man who was negligent by driving a truck under the influence of alcohol and against the company he contracted for after finding that it was negligent for contracting with the driver (Isaac Espinoza,...

Mealey's PI/Product Liability - Woman: Class's Claims Against Home Sellers, Contractor Identical To State Suit

BEAUFORT, S.C. - A woman seeking to represent a proposed class of homeowners claiming that a general contractor, Del Webb Communities Inc., and Pulte Homes Inc. are liable for damages stemming from improperly installed stucco says in an Oct. 13 motion filed in South Carolina federal court that her class...

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

SEATTLE - A panel of the Division I Washington Court of Appeals on Oct. 16 affirmed a trial court's decision to grant a city's motion for summary judgment in a premises liability suit after finding that a man who sprained his ankle walking in a lake did not show that a city knew about the hazard...

Mealey's PI/Product Liability - Kentucky Panel Upholds Exclusion Of Expert Testimony In Suit Against Nursing Home

FRANKFORT, Ky. - The Kentucky Court of Appeals on Oct. 13 shot down all of an estate's challenges to a jury's verdict in favor of a nursing home on the estate's wrongful death claims, including the estate's argument that the trial court abused its discretion by limiting testimony from...