LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Fixodent Maker Seeks Summary Judgment In 6 Remaining Denture Cream MDL Cases

MIAMI - Proctor & Gamble Co. on July 11 asked the denture cream multidistrict litigation court to grant summary judgment in the last six remaining Fixodent cases in light of last month's appellate court ruling affirming the exclusion of plaintiff causation experts (In Re: Denture Cream Products...

Mealey's PI/Product Liability - Judge Dismisses 2 Claims, Saves 1 In Fungal Meningitis Infection Lawsuit

BOSTON - A Massachusetts federal judge overseeing the meningitis outbreak multidistrict litigation on July 13 dismissed implied warranty claims against a doctor and pain clinic but allowed a plaintiff's state consumer protection claims to continue (In Re: New England Compounding Pharmacy, Inc. Products...

Mealey's PI/Product Liability - Verdict For Goodyear Upheld In Class Suit Alleging Faulty Hoses

DENVER - The 10th Circuit U.S. Court of Appeals on July 12 affirmed a jury verdict in favor of Goodyear Tire & Rubber Co. in a class complaint accusing the company of manufacturing faulty radiant heat tubing (David Helmer, et al. v. Goodyear Tire & Rubber Co., No. 15-1214, 10th Cir.; 2016 U.S...

Mealey's PI/Product Liability - Lead Plaintiff Properly Cured Loss Causation Pleading Deficiencies, Judge Rules

SAN DIEGO - A federal judge in California on July 12 substantially denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded loss causation in making his federal securities law claims (Brad Mauss v. NuVasive Inc...

Mealey's PI/Product Liability - 2nd Circuit Panel Revives Ignition Switch Claims Against General Motors

NEW YORK - People who were allegedly injured as a result of defective General Motors ignition switches in automobiles made before its 2009 bankruptcy can now sue the company, a Second Circuit U.S. Court of Appeals panel ruled July 13 (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848...

Mealey's PI/Product Liability - NHL MDL Judge Orders Workers' Comp Insurer To Turn Over Medical Reports

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of...

Mealey's PI/Product Liability - Crane Co. Says It Had No Duty To Decedent Under Pennsylvania Asbestos Precedent

PHILADELPHIA - A company cannot be held liable for asbestos-containing products it did not manufacturer, supply or mandate, Crane Co. told a federal judge in Pennsylvania July 13 in looking to upset a more than $1 million verdict against it (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp.,...

Mealey's PI/Product Liability - Judge Allows Opinions Challenged As Inadmissible 'Every Exposure' Testimony

MIAMI - Expert testimony challenges from both an asbestos plaintiff and a friction defendant confuse the distinction between admissibility and credibility, a federal judge in Florida said July 11 while also declining to take a third look into whether jurisdiction exists over a different defendant (James...

Mealey's PI/Product Liability - Judge Won't Exclude Tylenol Liver Injury Study From 1st MDL Bellwether Case

PHILADELPHIA - The Pennsylvania federal judge overseeing the Tylenol multidistrict litigation on July 14 denied a defense motion to exclude a key study from the plaintiff's case in the first bellwether trial and excluded testimony by defense experts who criticized the reliability of the study (In...

Mealey's PI/Product Liability - Lipitor MDL Magistrate Recommends Remand Of 40 California Cases

CHARLESTON, S.C. - A South Carolina federal magistrate judge on July 14 recommended that 40 California cases be remanded from the Lipitor diabetes multidistrict litigation after finding that they are not mass actions under the Class Action Fairness Act (CAFA) and that the naming of drug distributor McKesson...

Mealey's PI/Product Liability - Kentucky Appeals Court: Mere Possibility Of Exposure Insufficient In Asbestos Case

FRANKFORT, Ky. - The mere possibility that a man encountered asbestos-containing friction parts at his place of employment falls short of Kentucky's standard for causation, a divided appeals panel held July 14 (Linda Mannahan, et al. v. Eaton Corp., et al., No. 2013-CA-002005-MR, Ky. App.; 2016 Ky...

Mealey's PI/Product Liability - Magistrate Judge Cites Bare-Metal Defense In Granting Judgment To 9

WILMINGTON, Del. - A federal magistrate judge in Delaware said July 13 that the bare-metal defense and causation standard in Mississippi requires granting judgment in favor of nine asbestos defendants (Robert Lee Winhauer Jr., et al. v. Air & Liquid Systems Corp., et al., No. 15-177, D. Del.).

Mealey's PI/Product Liability - Former Wrestlers Sue WWE, Chairman Over Brain Injuries

NEW HAVEN, Conn. - A group of former professional wrestlers who sustained long-term neurological injuries sued World Wrestling Entertainment Inc. (WWE) and its chairman, Vince McMahon, in a Connecticut federal court on July 18, claiming that the entity failed to inform and protect them from the danger...

Mealey's PI/Product Liability - MDL Judge Preliminarily Approves Settlement Between NCAA And Student-Athletes

CHICAGO - The judge overseeing the National Collegiate Athletic Association student-athlete concussion injury multidistrict litigation on July 15 granted preliminary approval to the latest incarnation of a settlement between the parties and conditionally certified a settlement class and two subclasses...

Mealey's PI/Product Liability - Asbestos Claims Against Foreign Entity Belong In Federal Court, Judge Says

NEW ORLEANS - Neither a voluntary motion to dismiss pending when a defendant filed third-party claims nor a foreign entity's late removal warrants remand, a federal judge in Louisiana held July 14 in also declining to sever the claims, which he concluded are probably subject to dismissal (Earl T...

Mealey's PI/Product Liability - Finding State Issues Dominate, Judge Severs, Remands First-Party Asbestos Claims

BALTIMORE - State law issues predominate in an asbestos action where the only federal issues arise from third-party complaints, a federal judge in Maryland held July 18 in severing the original action and remanding it (Wayne Oliver v. Campbell McCormick Inc., No. 16-1057, D. Md.; 2016 U.S. Dist. LEXIS...

Mealey's PI/Product Liability - Texas Court Won't Rehear Case Involving 9-Year Delay In Accepting Settlement

HOUSTON - A Texas appeals court on July 19 declined to rehear an asbestos case in which it found that a nine-year gap in accepting a settlement offer did not doom the claim, turning away Union Carbide Corp.'s warning that the ruling "risks creating a dangerous precedent" (Union Carbide...

Mealey's PI/Product Liability - Widow: Shipyard Contractor's Shifting Position On Evidence Constitutes 'Fraud'

LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif....

Mealey's PI/Product Liability - 2 Acclarent Execs Guilty Of Misdemeanor Off-Label Medical Device Promotion

BOSTON - Two former Acclarent Inc. executives on July 20 were acquitted of 14 felony counts of marketing a medical device for off-label uses but were convicted of 10 misdemeanor counts for the same conduct, the U.S. Attorney's Office for the District of Massachusetts said in a press release (United...

Mealey's PI/Product Liability - Ohio Appeals Panel Majority Says No Error In Admission Of Medical Malpractice Testimony

WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No....

Mealey's PI/Product Liability - 10th Circuit Finds Home's Value Not Proper Measure For Damages

DENVER - A federal judge in Kansas did not err when vacating a jury's verdict awarding $185,000 to a woman accused a company that builds premanufactured homes of fraud by omission and negligent misrepresentation, a 10th Circuit U.S. Court of Appeals ruled July 20, holding that the cost of repairs...

Mealey's PI/Product Liability - California Appeals Court Affirms $8.3M Verdict In DePuy ASR Hip Case

LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).

Mealey's PI/Product Liability - Arizona High Court: OTR Doesn't Preclude Nonparties From Liability For Injuries

PHOENIX - The common-law original tortfeasor rule (OTR) "does not preclude a defendant from alleging and proving, or the trier of fact from considering and finding, fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant's tort," the Arizona...

Mealey's PI/Product Liability - Biogen Says Government Is Probing Its Drug Prices, Rebates, Buyer Assist Efforts

CAMBRIDGE, Mass. - Biotechnology company Biogen Inc. said July 21 that it received civil investigative demands on July 1 from the federal government for documents and information relating to the company's treatment of "certain service agreements with wholesalers when calculating and reporting...

Mealey's PI/Product Liability - Drug Maker Agrees To Pay $95M To Settle Federal Securities Law Claims

LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities...