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Mealey's PI/Product Liability - Panel Affirms Partial Judgment In Medical Malpractice Suit

LAKE CHARLES, La. - A panel of the Third District Louisiana Court of Appeal on Feb. 7 affirmed a ruling from a trial court that claims against a hospital in a medical malpractice suit are subject to a state law that caps general damages against political subdivisions to $500,000 (Brandi Billeaudeau,...

Mealey's PI/Product Liability - Pella To Settle Suit Over ProLine Windows For $25.75M, Plaintiffs Say

CHICAGO - Pella Corp. has agreed to pay $25.75 million to resolve claims from homeowners alleging that the company's ProLine series of windows were defective by allowing water to intrude the casing, causing wood rot, plaintiffs say in a Feb. 8 brief filed in Illinois federal court seeking approval...

Mealey's PI/Product Liability - Abilify MDL Plaintiffs Seek To Sanction Otsuka For Spoliation Of Evidence

PENSACOLA, Fla. - Plaintiffs in the Abilify multidistrict litigation on Feb. 8 asked the court to sanction defendant Otsuka America Pharmaceutical Inc. for alleged spoliation of evidence (In Re: Ability [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, N.D. Fla., Pensacola Div.).

Mealey's PI/Product Liability - Arbitration Ordered in Daughter's Suit Alleging Poor Care Caused Father's Death

ASHLAND, Ky. - A Kentucky federal judge on Feb. 7 sustained a nursing home's motion to compel arbitration and enjoin a daughter from pursuing claims that poor care ultimately cost her father his life in state court or any manner other than arbitration, finding that the arbitration agreement signed...

Mealey's PI/Product Liability - Judge: Lack Of Causation Evidence Fatal To Woman's Suit Against Nursing Home

LOUISVILLE, Ky. - A woman's failure to present any causation evidence demonstrating that misconduct by staff at a nursing home caused her mother's death resulted in a federal judge in Kentucky's Feb. 7 ruling to award summary judgment to the facility (Janice Colston v. Regency Nursing LLC...

Mealey's PI/Product Liability - 11th Circuit Mostly Reverses Dismissal Of Defibrillator Vest Lawsuit Claims

ATLANTA - Relying on a recent circuit court rulings, the 11th Circuit U.S. Court of Appeals on Feb. 8 almost entirely reversed dismissal of a defibrillator vest lawsuit, saying the plaintiffs initially pleaded their claims to avoid preemption (Dennis Godelia, et al. v. Zoll Services, LLC, et al., No...

Mealey's PI/Product Liability - Utah Supreme Court Finds Developer Did Not Assign Rights To Owners Association

SALT LAKE CITY - A homeowners association lacked privity to sue a developer over construction defects, the Utah Supreme Court ruled Feb. 9, holding that the declaration the developer wrote establishing the creation of the association did not transfer any rights to sue (Gables at Sterling Village Homeowners...

Mealey's PI/Product Liability - NECC Pharmacist: Instead Of $82M In Restitution, Let Me Make Nominal Payments

BOSTON - The supervising pharmacist for the former New England Compounding Center (NECC) on Feb. 12 told a Massachusetts federal court that it should order him to pay none of the $82 million in restitution the government is seeking or should require him to make only nominal payments (United States of...

Mealey's PI/Product Liability - Couple, Supplier Cannot Pursue Claims Against Drywall Maker, MDL Judge Says

NEW ORLEANS - A Louisiana couple and the contractor who installed Chinese-manufactured drywall in their home cannot pursue claims against the manufacturer, the federal judge in Louisiana overseeing litigation stemming from the product ruled Feb. 9, holding that their claims are barred by a settlement...

Mealey's PI/Product Liability - Mississippi Appeals Panel Affirms Summary Judgment In 'Horseplay' Suit

JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Feb. 13 affirmed summary judgment for a company in a "horseplay" suit after finding that the company did not owe a duty to supervise an employee who picked up and threw a trucker because the company did not foresee his violent...

Mealey's PI/Product Liability - California Judge Overrules Defense Demurrers In Counties' Opioid Lawsuit

SANTA ANA, Calif. - A California state court judge on Feb. 13 overruled a demurrer by four opioid drug makers in a lawsuit brought by two counties and said the defendants have 45 days to file answers in the four-year-old case (California v. Purdue Pharma L.P., et al., No. 30-2014-00725287-CU- BT-CXC...

Mealey's PI/Product Liability - Ohio Appeals Panel Affirms Defense Verdict For Doctor And Practice

AKRON, Ohio - A majority of the Ninth District Ohio Court of Appeals on Feb. 14 affirmed a defense verdict in a medical malpractice suit after finding that the evidence supported the defense verdict in a suit where a woman claimed that her husband's heart attack and death was caused by the negligence...

Mealey's PI/Product Liability - Missouri Supreme Court Affirms $3.25 Million Verdict In Gunshot Case

JEFFERSON CITY, Mo. - A majority of the Missouri Supreme Court on Feb. 13 affirmed a $3.25 million verdict in a negligence suit after finding that a woman who was shot in the back of the head on her employer's property did not make improper arguments to the jury (Amie Wieland v. Owner-Operator Services...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms $250,000 Judgment In Premises Liability Suit

DALLAS - A panel of the Fifth District Texas Court of Appeals on Feb. 14 affirmed $250,000 in damages to a man who claimed that he crashed his motorcycle because of a dangerous condition on a state-owned road after finding that the evidence presented at trial was more than enough to show that the Texas...

Mealey's PI/Product Liability - West Virginia Opioid Suit Remanded To State Court For 2nd Time

CHARLESTON, W.Va. - A West Virginia federal judge on Feb. 15 remanded for a second time West Virginia's lawsuit against drug distributor McKesson Corp. for allegedly violating state law by not flagging suspicious shipments of opioid drugs (West Virginia, et al. v. McKesson Corporation, No. 17-3555...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Orders New Trial For Stainless Steel Tubing Maker

PHILADELPHIA - A trial court judge erred when denying a corrugated stainless steel tube (CSST) manufacturer's motion for a new products liability trial because the jury was improperly instructed on whether the product was unreasonably dangerous, a Pennsylvania appeals panel held Feb. 16 in reversing...

Mealey's PI/Product Liability - Allergan Reports It Settled TNS Cosmeceuticals Case Ahead Of Class Motion

SANTA ANA, Calif. - Allergan plc and subsidiary SkinMedica on Feb. 16 said they settled a purported class action lawsuit alleging that certain "cosmeceuticals" contain undeclared and unapproved human growth factors (Josette Ruhnke, et al. v. SkinMedica, Inc., et al., No. 14-420, C.D. Calif...

Mealey's PI/Product Liability - Mississippi High Court Affirms Keeping Medical Malpractice Trial In Hinds County

JACKSON, Miss. - A Mississippi Supreme Court majority on Feb. 15 affirmed a trial court's decision to deny a motion to sever and transfer a medical malpractice suit to another county after finding that there is no language in a state statute that prohibits permissive joinder (Mississippi Baptist...

Mealey's PI/Product Liability - $680,000 Risperdal Verdict Stands, But Appeals Court Remands Denial Of Punitives

PHILADELPHIA - The Pennsylvania Superior Court on Feb. 20 remanded a Risperdal gynecomastia verdict to the trial court so the plaintiff can develop an individual record about the unique conflict of laws principles relevant to his case (Nicholas Murray v. Janssen Pharmaceuticals, Inc., et al., Nos. 1172...

Mealey's PI/Product Liability - Judge Finds Majority Of Claims Against Composite Deck Maker Are Untimely

BOSTON - A federal judge in Massachusetts on Feb. 15 dismissed breach of implied warranty claims brought by three of four leading plaintiffs in a class action suit over allegedly faulty composite decking that prematurely swells and cracks, finding that the claims were untimely because they accrued at...

Mealey's PI/Product Liability - Alabama Supreme Court Orders Arbitration In Nursing Home Injury Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 16 found that a trial court erred in denying a nursing home's motion to compel arbitration because the lease signed by a woman who claimed her mother was injured during an altercation at the home indicates that all claims against the home that...

Mealey's PI/Product Liability - Panel Orders Lower Court Grant Summary Judgment In Premises Liability Suit

ATLANTA - A panel of the First Division Georgia Court of Appeals on Feb. 20 reversed a trial court order denying summary judgment to a store and its landlord in a premises liability suit after finding that a woman who was hit by a car knew about the danger of stepping in front of a moving car (Cherokee...

Mealey's PI/Product Liability - 6th Circuit Says Bone-Growth Appeal Issues Weren't Preserved By Plaintiffs

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 22 affirmed the preemption dismissal of a bone-growth product liability lawsuit filed by 53 plaintiffs, finding that they forfeited key arguments they raised on appeal (Michelle Agee, et al. v. Alphatec Spine, Inc., et al., No. 17-3296, 6th...

Mealey's PI/Product Liability - 3rd Circuit Panel Upholds Summary Judgment In Food Poisoning Suit

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Feb. 21 affirmed a trial court's decision to grant summary judgment to a restaurant where a woman claimed that she contracted an infection from the clams because she did not prove that the restaurant created the defect in the clams...

Mealey's PI/Product Liability - Documentary Filmmaker Can't Get Video Depositions From Theranos Investor Lawsuit

GEORGETOWN, Del. - A Delaware chancery court judge on April 23 ruled that a documentary filmmaker has no right to access videotaped depositions from a Theranos Inc. investor lawsuit that were not part of the court record (Partner Investments, L.P., et al. v. Theranos, Inc., et al., Nos. 12816 and 2017...