LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Boston Scientific Says 19,000 Pelvic Mesh Cases Now Under Settlement

MARLBOROUGH, Mass. - Boston Scientific Corp. on Nov. 3 said that as of Oct. 31, it has entered into master settlement agreements with certain plaintiff attorneys to resolve about 19,000 of the more than 40,000 pelvic mesh cases and claims pending against the company.

Mealey's PI/Product Liability - Judge Won't Dismiss Mail Fraud Counts Against 2 Plaintiffs In Fungal Meningitis Outbreak

BOSTON - A Massachusetts federal judge on Nov. 2 declined to dismiss 20 mail fraud counts against two defendants in the New England Compounding Center (NECC) fungal meningitis Racketeer Influenced and Corrupt Organizations Act criminal case (United States of American v. Barry Cadden, et al., No. 14-cr...

Mealey's PI/Product Liability - Florida Jury Finds For Defense In Medical Malpractice Suit

WEST PALM BEACH, Fla. - A Florida jury on Nov. 2 found that a doctor was not negligent in obtaining informed consent to perform electroshock therapy on a patient being treated for depression (Shaul Dadi v. Praturi Sharma, No. 2011-CA-16027, Fla. 15th Jud. Cir. Palm Co.).

Mealey's PI/Product Liability - Plaintiffs Support, Oppose Eliquis Anticoagulant MDL Sought By Defense

WASHINGTON, D.C. - Two groups of plaintiffs on Nov. 4 said they support centralization of all federal Eliquis drug cases into a multidistrict litigation, but one group says voluntary coordination will suffice (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, JMPDL).

Mealey's PI/Product Liability - Former Football Players Urge U.S. Supreme Court Not To Review Settlement

WASHINGTON, D.C. - A group of former National Football League (NFL) players who support the concussion settlement deal between the league and the former players urged the U.S. Supreme Court on Nov. 4 to deny the opposing players' petition for writ of certiorari because they say the settlement is...

Mealey's PI/Product Liability - Virginia Supreme Court: Subcontractors Did Not Waive Statute Of Limitations

RICHMOND, Va. - A panel of the Virginia Supreme Court on Nov. 3 upheld a trial court judge's decision to granting pleas in bar filed by subcontractors and sureties that were sued by a general contractor hired to perform work at Virginia Polytechnic Institute & State University (Virginia Tech...

Mealey's PI/Product Liability - Husband, Wife Sentenced For Evasive Bank Transfers In Wake Of NECC Probe

BOSTON - A husband and wife in the New England Compounding Center (NECC) fungal meningitis outbreak criminal case were sentenced Nov. 9 for structuring financial transactions to avoid federal reporting requirements (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass.).

Ind. Panel: Contaminated Drug Claims Against Clinics Constitute Medical Malpractice

INDIANAPOLIS - Plaintiffs' claims against medical providers that administered a contaminated steroid that caused fungal meningitis are subject to the provisions of the Indiana Medical Malpractice Act (MMA), the state Court of Appeals ruled Nov. 7, rejecting the state compensation fund administrator's...

Mealey's PI/Product Liability - Surgical Gown California Class Certified; Nationwide Class Denied

LOS ANGELES - A California federal judge on Nov. 14 certified a refund and injunction class of Californians who purchased allegedly defective surgical gowns from Kimberly-Clark Corp. but denied certifying a nationwide class of purchasers because of differences in state fraud laws (Hrayr Shahinian, et...

Mealey's PI/Product Liability - Georgia Appeals Panel Reverses Summary Judgment In Slip-And-Fall Suit

ATLANTA - A Georgia appellate panel on Nov. 10 reversed a lower court order that granted summary judgment to a nursing home accused of negligence that led to a woman slipping and injuring herself because there are issues of fact regarding the existence of a hazard that allegedly caused the fall (Mary...

Mealey's PI/Product Liability - West Virginia High Court Finds Couple Not Bound By Arbitration Agreement

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Nov. 14 affirmed a trial court judge's decision to deny a general contractor's motion to compel arbitration and dismiss a couple's construction defects claim, holding that the homeowner was not bound to an arbitration clause...

Mealey's PI/Product Liability - GM Asks MDL Judge For Summary Judgment On Successor Liability Claims

NEW YORK - General Motors LLC, the successor of General Motors Corp., on Nov. 11 asked the federal judge overseeing the GM ignition switch multidistrict litigation to grant it summary judgment on all successor liability claims against it, arguing that the plaintiffs in their fourth amended complaint...

Mealey's PI/Product Liability - Texas Appellate Panel Affirms Premises Liability Ruling For Theater Owner

AUSTIN, Texas - A Texas appeals panel on Nov. 16 affirmed summary judgment for a movie theater owner in a premises liability case, saying that a moviegoer who says she slipped on a wet substance and fell in the theater could not identify the substance, prove how long it had been on the floor and show...

Mealey's PI/Product Liability - Georgia Appellate Court Affirms Decisions In Medical Malpractice Suit

ATLANTA - The en banc Georgia Court of Appeals in a 6-3 ruling on Nov. 18 affirmed a trial court's decision to allow a claim of ordinary negligence to be presented to the jury in a medical malpractice suit because there was enough evidence that indicated that ordinary negligence that had taken place...

Mealey's PI/Product Liability - 6th Circuit Denies Appeal Of Dow Breast Implant Order By Korean Claimants

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Nov. 23 affirmed a consent order that resulted in certain Korean women being denied injury claims from the Dow Corning Corp. silicone breast implant settlement (In Re: Settlement Facility Dow Corning Trust, Korean Claimants v. Debtor's Representatives...

Mealey's PI/Product Liability - 1st Circuit Affirms Dismissal Of Actos Prediabetes Off-Label False Claims Lawsuit

BOSTON - The First Circuit U.S. Court of Appeals on Nov. 22 affirmed dismissal of an Actos off-label whistle-blower lawsuit, agreeing with a lower court judge that the relator failed to plead that the alleged actions resulted in false claims being filed with state Medicare programs (Peter W. Lawton,...

Mealey's PI/Product Liability - Plaintiffs In Pinnacle Hip Bellwether Trial Will Seek State Consumer Law Penalties

DALLAS - Six plaintiffs in an ongoing DePuy Pinnacle hip multidistrict litigation bellwether trial on Nov. 28 told a Texas federal court that after the verdict, they intend to ask the court to determine that defendant DePuy Orthopaedics Inc. violated California's unfair competition law (UCL) and...

Mealey's PI/Product Liability - Minnesota Jury Awards $7.55 Million In E. Coli Suit

MINNEAPOLIS - A Minnesota jury on Nov. 22 found that the company that owns a pumpkin patch was liable for the kidney damage a child suffered from contracting E. coli from a petting zoo at the pumpkin patch and awarded her and her family $7.55 million (Stephanie Heidish, et al. v. Dehn's Pumpkins...

Mealey's PI/Product Liability - Players Who Approve Of NFL Settlement Say Objectors Misrepresent Class Rep's Death

WASHINGTON D.C. - Former professional football players who support the settlement between themselves and the National Football League (NFL) tell the U.S. Supreme Court in a Nov. 22 supplemental brief that the players who object to the settlement are misrepresenting the death of one of the class representatives...

Mealey's PI/Product Liability - 4th Circuit Finds Judge Erred In Denying Center's Discovery Request

RICHMOND, Va. - A federal judge in Maryland erred when denying a medical center's request for discovery and awarding summary judgment to a builder accused of concealing construction defects, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 23, finding that the requested discovery could have...

Mealey's PI/Product Liability - Fungal Meningitis Defendant Wants Criminal Trial Continued To Review Evidence

BOSTON - A defendant facing federal murder charges in connection with the New England Compounding Center (NECC) fungal meningitis outbreak on Nov. 25 asked a Massachusetts federal court to continue his January trial, saying he is at a disadvantage because he only recently got access to discovery from...

Mealey's PI/Product Liability - 11th Circuit: Hip Plaintiff Missed Deadline By Withholding Service

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 28 agreed with a lower court that in filing a DePuy hip lawsuit but withholding service in hopes of a settlement, a plaintiff's claim was actually not initiated until after the applicable two-year statute of limitations (Maeola Goldthrip, et...

Mealey's PI/Product Liability - Judge Refuses To Remand Construction Defects Suit, Trims Claims

LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge...

Mealey's PI/Product Liability - Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit

SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App...

Mealey's PI/Product Liability - $1B Verdict Returned In 6-Plaintiff Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Dec. 1 returned a verdict of more than $1 billion in favor of six plaintiffs in the second DePuy Pinnacle hip multidistrict litigation bellwether trial (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631...