LexisNexis® Legal Newsroom
Ballard Spahr LLP: Federal Court Ruling In Pa. Narrows Computer Fraud And Abuse Act

By Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that...

Pa. Supreme Court Vacates $27.7M Drug Pricing Judgment Against Bristol-Myers

HARRISBURG, Pa. — (Mealey’s) The Pennsylvania Supreme Court on June 16 vacated a $27.7 million drug pricing judgment against drug maker Bristol-Myers Squibb Co. (BMS) because a trial court failed to account for billions of dollars in drug rebates paid to the state government ( Commonwealth...

McNees Wallace & Nurick LLC: Can Sending A Text Message Make You Liable For A Car Accident?

By Rachel Hadrick and Jay DeSanto In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a result, most people understand and appreciate...

Federal Judge Gives Preliminary Approval To NFL Brain-Injury Settlement

PHILADELPHIA — (Mealey’s) A federal judge in Pennsylvania on July 7 preliminarily approved a settlement between the National Football League and retired players claiming football-related brain injuries ( In Re: National Football League Players’ Concussion Injury Litigation , MDL Docket...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...

Pennsylvania Appeals Court Affirms $10M Children’s Motrin TEN Injury Verdict

PHILADELPHIA — (Mealey’s) A Pennsylvania appeals court panel on July 22 affirmed a $10 million Children’s Motrin verdict for a girl who suffered toxic epidermal necrolysis (TEN) after being given the over-the-counter pain/fever reducer at age 3 ( Alicia E. Maya, et al. v. Johnson and...

July Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During July, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. This informal list of top five cases captured our attention this past month, so we thought you might like to hear about them. If you are interested in submitting...

Pennsylvania State Court Jury Awards Plaintiff $2 Million In Actos Bladder Cancer Case

PHILADELPHIA — (Mealey’s) A Pennsylvania state court jury on Oct. 3 awarded an Actos bladder cancer patient $2.05 million in economic and noneconomic damages but declined to award punitive damages ( Frances Wisniewski v. Takeda Pharmaceuticals America Inc., et al. , No. 120702272, Pa. Comm...

High Court Considers Whether Conviction For Threats Requires An Intent Showing

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Dec. 1 heard oral arguments over whether a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker ( Anthony Douglas Elonis v. United States of America ,...

Pennsylvania State Court Jury Awards $2.5 Million In Risperdal Gynecomastia Trial

PHILADELPHIA — (Mealey’s) A Pennsylvania state court jury on Feb. 24 awarded $2.5 million to the family of a man who claimed that the atypical antipsychotic drug Risperdal caused gynecomastia, or enlarged male breasts ( P.P., et al. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., et al. ,...

McNeil Pleads Guilty, Pays $25M For Making Adulterated Children’s Medicines

PHILADELPHIA — (Mealey’s) The McNeil-PPC Inc. subsidiary of Johnson & Johnson on March 10 pleaded guilty to a federal misdemeanor criminal charge of making adulterated children’s over-the-counter medicines and agreed to pay a criminal fine and forfeiture totaling $25 million ( United...

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett , No. 14-705, U.S. Sup. [lexis.com subscribers...

Bullivant Houser Bailey PC: Superior Court of Pennsylvania Strikes Down ‘Any Exposure’ Theory in Asbestos Litigation

By Melissa Tarab The Superior Court of Pennsylvania recently issued another decision holding that the purported "any exposure" or "each and every fiber" theory is not sufficient to establish causation in cases alleging exposure to asbestos. In Nelson v. Airco Welders Supply, et...

Jury Verdict Round-Up: May Top 5 Personal Injury Suits

During May, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we make a list of the top five cases that captured our attention. Our list normally includes substantial plaintiff’s verdicts as well as impressive...

Pa. Jury Awards $ 1.5 Million In Cook’s Medical Malpractice Action For Loss Of Sense Of Taste Following Tonsillectomy

On Feb. 17, 2012, Antonio Costagliola and Tiffany Costagliola filed a medical malpractice action against defendants, Samuel V. Rizzo, M.D. and his medical practice of Ear, Nose, Throat Surgery, in the Pennsylvania Court of Common Pleas for Luzerne County. Plaintiffs alleged that defendants had been negligent...

Natural Gas Well Owner Pays $5 Million To Settle Pennsylvania Suit Filed By Family Of Well Worker Killed In Explosion

Chevron Appalachia, LLC owned and operated natural gas wells near Dunkard, Pennsylvania, including the Lanco #7H well site. On Feb. 11, 2014, Ian R. McKee was hired by Cameron International Corp., a company that was in turn hired by Chevron to perform services at Lanco #7H well site. A violent natural...

Bill Cosby: Pudding Pops and Quaaludes

Almost ten years after a woman filed a civil suit in Pennsylvania against Bill Cosby, alleging, among other things, a sexual assault claim, the Associated Press (AP) requested the release of certain documents that had been sealed following the settlement of that civil suit. United States District Judge...

Pennsylvania Jury Awards Record $12.5 Million In Medical Malpractice Suit Brought By Paralyzed Patient

On the morning of June 17, 2011, Kenneth Del Grosso presented to the emergency room of Delaware County Memorial Hospital (DCMH) with left-sided neck pain and tingling down his left arm. Del Grosso was placed under the care of Karl G. Schwabe, M.D. and he was admitted for observation to rule out cardiac...

Babst Calland: Pa. Superior Court Holds ‘Express’ Misrepresentations are not Required in Bilt-Rite Pleadings

By Esther S. Mignanelli, Esq. The Pennsylvania Superior Court recently held that a negligent misrepresentation claim may be based on an architect’s faulty design, even absent allegations of an express misrepresentation by the architect. Gongloff Contracting, L.L.C. v. L. Robert Kimball &...

Going to School . . . Divorce Style

The Pennsylvania Supreme Court recently decided a case involving a very common issue arising in school districts across the country due to the splitting up of families: what are a district’s responsibilities with getting a student to school when the parents have two separate houses and the child...

Pennsylvania Jury Awards Nearly $ 2.8 Million In Medical Malpractice Action Brought By Patient Who Required Permanent Tracheostomy Following Surgery

On March 24, 2011, Bonnie Semple filed a medical malpractice action in the Pennsylvania Court of Common Pleas for Delaware County. Through the complaint, she asserted professional negligence claims against a number of defendants, including Mohammed Budeir, M.D.; Riad Cahecho, M.D.; Janice Silva Sicat...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s employment...

Can A Gestational Carrier Enforce Child Surrogacy Contract Against A Mother Who Changed Her Mind? Pennsylvania Court Says ‘Yes’

A Pennsylvania appellate court was tasked with determining whether a legal mother breached the terms of her surrogacy contract with her husband, who was the biological father of the child, and the gestational carrier of the child. In re S.S., 2015 Pa. Super. LEXIS 767, 2015 PA Super 244 (Pa. Super. Ct...

$5.5 Million Compensatory Verdict Returned In 1st Pelvic Mesh Trial In Pennsylvania

PHILADELPHIA — (Mealey’s) A Pennsylvania state court jury on Dec. 21 returned a $5.5 million verdict in the first pelvic mesh case from the state’s complex litigation docket to go to trial, according to one of the plaintiff’s attorneys ( Patricia L. Hammons v. Ethicon Inc. , No...

Stepdad Learns That Parenthood Has A Price

The Pennsylvania Supreme Court ruled in A.S. v. I.S., 2015 Pa. LEXIS 3129 (Pa. Dec. 29, 2015) , that a stepfather who successfully litigated for shared custody of his stepsons had to pay child support as part of the parenthood package. The stepfather married the mother, who had twin sons from a prior...