LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - 2nd New Jersey Ethicon Pelvic Mesh Trial Gets Under Way Nov. 27

HACKENSACK, N.J. - The second Ethicon pelvic mesh case to go to trial in New Jersey state court got under way on Nov. 27 (Elizabeth Hrymoc, et al. v. Ethicon, Inc., et al., No. L-13686-14, N.J. Super., Bergen Co.).

Mealey's PI/Product Liability - Diabetic Test Strip Class Action Transferred, Joins Insulin Class Actions

SEATTLE - A federal lawsuit alleging collusion between pharmacy benefit managers (PBMs) and diabetic test strip manufacturers was transferred Nov. 28 from a Washington federal court to a New Jersey federal court to join other lawsuits alleging collusion between PBMs and insulin makers (Jeanine Prescott...

Mealey's PI/Product Liability - Only Negligence Claim Survives Dismissal In Zimmer Hip Case

BROOKLYN, N.Y. - A New York federal judge on Nov. 27 dismissed all but a negligence claim in a Zimmer Inc. metal-on-metal hip case (James Viania v. Zimmer, Inc., et al., No. 17-1641, E.D. N.Y., 2017 U.S. Dist. LEXIS 195183).

Mealey's PI/Product Liability - Judge Denies Dismissal Of Defects Suit Following Completion Of Mediation

LAS VEGAS - A federal judge in Nevada on Nov. 28 denied D.R. Horton Inc.'s motion to dismiss a construction defects suit, finding that the completion of mediation satisfied the homeowners association's presuit notification requirement (Azure Manor/Rancho de Paz Homeowners Association v. D.R....

Mealey's PI/Product Liability - Federal Judge Partially Grants Summary Judgment In Medical Malpractice Suit

CAMDEN, N.J. - A federal judge in New Jersey on Nov. 29 granted summary judgment to four doctors in a medical malpractice suit because the plaintiff's expert does not practice the same kind of medicine as they do, but denied their hospital's motion for summary judgment and remanded the medical...

Mealey's PI/Product Liability - Nebraska Appellate Panel Affirms Summary Judgment In Premises Liability Suit

OMAHA, Neb. - A panel of the Nebraska Court of Appeals on Nov. 28 affirmed a lower court's grant of summary judgment to a veterinary hospital after finding that a woman who alleged that she slipped in a puddle of water did not present enough evidence to show that the hospital had constructive knowledge...

Mealey's PI/Product Liability - Delaware State Court Eliquis Plaintiffs Fail To Escape MDL Utts Dismissal

NEW YORK - The New York federal judge overseeing the Eliquis multidistrict litigation on Nov. 29 dismissed with prejudice 24 new complaints that she said failed to escape her previous preemption rulings (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 17-md-2745, S.D. N.Y., 2017...

Mealey's PI/Product Liability - OIG Rescinds Approval Of Drug Patient Assistance Program For Privacy Breaches

WASHINGTON, D.C. - The Office of Inspector General (OIG) on Nov. 28 rescinded a 2006 advisory opinion for the drug patient assistance program Caring Voice Coalition Inc. after determining that the program provided patient-specific data to one or more supporting drug companies, according to an OIG letter...

Mealey's PI/Product Liability - Zimmer Gets 3 Of 4 Claims Dismissed In Hip Defect Case

NEW YORK - A New York federal judge on Nov. 29 dismissed four of five claims in a Zimmer metal-on-metal hip case (Joseph Shaw v. Zimmer, Inc., et al., No. 17-2119, S.D. N.Y., 2017 U.S. Dist. LEXIS 196014).

Mealey's PI/Product Liability - Louisiana Appeals Court Finds Judgment Dismissing Claim In Defects Suit Appealable

ST. CHARLES, La. - A Louisiana appeals panel on Nov. 29 reversed an earlier ruling in which it found that an order dismissing with prejudice a man's claims over alleged construction defects was not immediately appealable, after finding that the decision disposed of the plaintiff's principal demand...

Mealey's PI/Product Liability - U.S. Supreme Court Asks Solicitor General To Weigh In On Fosamax Preemption

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 invited the U.S. solicitor general to express the views of the United States on whether there is "clear and convincing evidence" that the Food and Drug Administration would have rejected a stronger warning about femur fractures from the osteoporosis...

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 - 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 - 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 - 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 - 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 - Judge: More Discovery Needed To Determine If Association's Defects Suit Is Timely

NEWARK, Del. - A Delaware judge on Dec. 7 deferred ruling on motions for summary judgment filed by two contractors, holding that more discovery is needed to determine if a construction defects lawsuit brought by a condominium owners association is barred by the statute of limitations (Crest Condominium...

Mealey's PI/Product Liability - Medtronic Pays $12M To 5 States For Deceptive Marketing Of Infuse Bone Graft

BOSTON - Medtronic Inc. has agreed to pay $12 million to five states to resolve allegations that it engaged in deceptive marketing of the company's Infuse bone graft, according to a consent judgment entered Dec. 13 in the Suffolk County, Mass., Superior Court (Commonwealth of Massachusetts v. Medtronic...

Mealey's PI/Product Liability - Texas Appeals Court Says Judge Erred When Dismissing Couple's Defects Suit

AMARILLO, Texas - A trial court judge in Texas erred when dismissing a couple's construction defects and breach of contract suit against a builder for want of prosecution without providing proper notice, a state appeals court panel ruled Dec. 11 (Patrick Pence, et al. v. S&D Builders LLC, et...