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Mealey's PI/Product Liability - Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds

WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford...

Mealey's PI/Product Liability - Judge: Expert Unqualified To Testify On Dewatering Industry's Standard Practices

OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for...

Mealey's PI/Product Liability - Supreme Court Rules Against Tribal Casino Limo Driver In Couple's Negligence Suit

WASHINGTON, D.C. - An Indian tribe's sovereign immunity does not protect a tribal casino limousine driver from an individual capacity lawsuit filed by a couple injured in a crash with the limo because the driver is the actual party in interest, not the tribe, a unanimous U.S. Supreme Court held April...

Mealey's PI/Product Liability - Supreme Court Justices Grapple With Jurisdiction In Plavix State Court Cases

WASHINGTON, D.C. - The U.S. Supreme Court on April 25 wrestled with the question of whether California state courts can retain jurisdiction over hundreds of Plavix cases and, if not, in what fora they belong (Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco...

Mealey's PI/Product Liability - 1st Xarelto MDL Bellwether Trial Under Way In New Orleans

NEW ORLEANS - The first Xarelto multidistrict litigation bellwether trial got under way April 24 with testimony by plaintiff regulatory expert Dr. David Kessler (In Re: Xarelto Products Liability Litigation, MDL Docket No. 2592, No. 14-md-2592, Joseph Boudreaux Jr., et al. v. Janssen Pharmaceuticals...

Mealey's PI/Product Liability - MDL Judge Says Court Has Jurisdiction Over China-Based Drywall Makers

NEW ORLEANS - The federal judge presiding over lawsuits claiming that drywall manufactured in China and installed in their homes is defective because it causes corroding of copper pipes and electrical wires ruled April 21 that homeowners can pursue claims against companies based in that country because...

Mealey's PI/Product Liability - Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court...

Mealey's PI/Product Liability - Premarital Asbestos Exposure Can't Bar Consortium Claim, Florida Top Court Told

WEST PALM BEACH, Fla. - An appeals court erred in concluding that because a man's asbestos exposure occurred prior to marriage, his widow cannot pursue a statutory loss of consortium claim, the woman told the Florida Supreme Court April 21 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No....

Mealey's PI/Product Liability - Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits

WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme...

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

WEST PALM BEACH, Fla. - A Florida appellate panel on April 26 affirmed a decision by a lower state court to grant summary judgment to a land owner because "no reasonable jury" could find that an easement where a woman injured herself was designed as a path to get to a shopping center and because...

Mealey's PI/Product Liability - 11th Circuit Affirms Expert, Household Duty Rulings, In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April...

Mealey's PI/Product Liability - Judge Excludes Testimony On Mirena As Scientifically Unreliable Under Daubert

CHICAGO - An Illinois federal judge on April 25 granted a pharmaceutical company's motion to exclude the expert testimony of a physician in relation to an infection allegedly caused by an intrauterine device, finding that the testimony was not admissible because it was not scientifically reliable...

Mealey's PI/Product Liability - Widow: Asbestos Company's Jurisdiction Arguments Produce 'Absurd' Results

MIAMI - A chemical company sued over its past asbestos dealings argues for a jurisdictional doctrine that would create an explosion of asbestos litigation and effectively leave it open to suit only in the state where it is incorporated, an "absurd" result, a widow told the 11th Circuit U.S...

Mealey's PI/Product Liability - Parties Calculate $1.04M In Prejudgment Interest Due In MicroCool Class Action

LOS ANGELES - Parties in the $454 million MicroCool surgical gown California class action on April 26 told the court that as of that date, they calculate that defendant Kimberly-Clark Corp. owes $1.04 million in prejudgment interest and spinoff Halyard Health Inc. owes $42,836 (Bahamas Surgery Center...

Mealey's PI/Product Liability - Pharmacists' False Claims Suit Against Generic Drug Maker Zydus Survives Dismissal

TRENTON, N.J. - A New Jersey federal judge on April 26 denied a motion by generic drug maker Zydus Pharmaceuticals (USA) Inc. to dismiss a False Claims Act lawsuit in which two pharmacists accuse the company of inflating wholesale drug prices (United States of America ex rel. Azam Rahimi, et al. v. Zydus...

Mealey's PI/Product Liability - Texas Sues FDA To Lift Ban On Imported Drug For Lethal Injections

GALVESTON, Texas - The Texas Department of Criminal Justice on April 26 filed an amended complaint against the Food and Drug Administration, asking a Texas federal court to declare that the FDA's impoundment of a drug for lethal injections is unlawful (Texas Department of Criminal Justice v. United...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Review Appeal Regarding GM's Liability After Bankruptcy

WASHINGTON, D.C. - The U.S. Supreme Court on April 24 said it will not review the Second Circuit U.S. Court of Appeals' ruling that personal injury, wrongful death and economic loss claims over a defective ignition switch can be filed against General Motors LLC because they fall within the "free...

Mealey's PI/Product Liability - Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds

OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner...

Mealey's PI/Product Liability - Federal Judge In NHL MDL Partially Grants, Denies Motion To Compel

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on April 26 said the league will not be able to get most of the documents from the Boston University Chronic Traumatic Encephalopathy Center (BU CTE Center) because of the heavy burden it would create...

Mealey's PI/Product Liability - Judge: Removing Negligence Case Requires More Than Mandate That Asbestos Be Used

NEW ORLEANS - Removing a case alleging negligence arising from a shipbuilder's alleged discretionary use of asbestos requires more than a simple showing that the U.S. Navy mandated use of the mineral since the claims stem not from its presence, but from its misuse, a federal judge in Louisiana said...

Mealey's PI/Product Liability - LHWCA Completely Immunizes Employer From Third-Party Asbestos Claims, Judge Says

BALTIMORE - A man's asbestos-related exposures occurring during work covered by the Longshore and Harbor Workers' Compensation Act (LHWCA) provide his employer with immunity from third-party claims, a federal judge in Maryland held April 25 in granting a railroad summary judgment (Charles Lemuel...

Mealey's PI/Product Liability - Judge: Asbestos Defendant May Conduct Destructive Testing Of Pathology Materials

BATON ROUGE, La. - A company defending an asbestos action may conduct destructive fiber burden analysis testing of pathology materials, a federal judge in Louisiana held April 26 (William D. Coleman v. Anco Insulations Inc., et al., No. 15-821, M.D. La., 2017 U.S. Dist. LEXIS 62987).

Mealey's PI/Product Liability - New Jersey Panel Bars Expert Opinions To Juries On 'Symptom Magnification'

NEWARK, N.J. - The New Jersey Superior Court Appellate Division created a "bright-line" rule April 27 that forbids expert witnesses from presenting an opinion in a civil personal injury case heard by a jury on the concepts of symptom magnification and malingering in an attempt to impeach a...

Mealey's PI/Product Liability - Majority: Settlement Agreement Did Not Trigger Excess Insurer's Duty To Defend

BOSTON - A majority of the First Circuit U.S. Court of Appeals held April 26 that the widow of a man killed after falling bricks knocked him off a ladder failed to present a plausible argument that an underlying settlement agreement in a wrongful death lawsuit triggered an excess insurer's duty to...

Mealey's PI/Product Liability - 9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation

SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals...