LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - 2,353 Claims Received By NECC Tort Trustee, $149.4M Paid Out

BOSTON - The tort trustee for the fungal meningitis settlement on Dec. 18 told a Massachusetts federal court that her office has received 2,353 claims and has paid out $149.4 million of the $200 million settlement (In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL Docket...

Mealey's PI/Product Liability - Judge Tosses Punitive Damages Award In AndroGel Injury Suit, Orders New Trial

CHICAGO - The federal judge in Illinois presiding over lawsuits alleging that the use of testosterone replacement therapy (TRT) resulted in injuries on Dec. 22 vacated a jury's $150 million punitive damages award to a man and ordered a new trial on his claim for fraudulent misrepresentation after...

Mealey's PI/Product Liability - La. Appeals Court Affirms Dismissal Of Defects Claim Against Contractor

GRETNA, La. - A Louisiana appeals panel on Dec. 20 upheld a trial court's ruling that a couple failed to submit sufficient evidence of a contractor's allegedly defective work, holding that photographs and videos presented by the plaintiffs failed to support their allegations (Lynda Vinet, et...

Mealey's PI/Product Liability - Judge Limits Engineering, Testing Testimony Of Plaintiffs' IVC Filter Experts

PHOENIX - A federal judge in Arizona overseeing litigation stemming from injuries and deaths caused by allegedly defective inferior vena cava (IVC) filters on Dec. 22 ruled that three plaintiffs' experts cannot testify about the engineering and testing of the products because they lack the proper...

Mealey's PI/Product Liability - Illinois Supreme Court Orders Partial Summary Judgment In Medical Negligence Suit

SPRINGFIELD, Ill. - In a 4-3 decision issued Dec. 29, a majority of the Illinois Supreme Court found that a hospital cannot be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an independent clinic, reversing a lower appellate court's answer to a certified...

Mealey's PI/Product Liability - Siding Maker Awarded Summary Judgment On Plaintiffs' Warranty Claims

MINNEAPOLIS - A federal judge in Minnesota on Jan. 2 awarded summary judgment to the manufacturer of fiber-cement siding that allegedly discolors prematurely, finding that the 50-year limited warranty provided by the company does not cover improper installation or design defects (In re: HardiePlank Fiber...

Mealey's PI/Product Liability - Judge Strikes Expert's Opinions, Denies Certification Of Class Over Siding

MINNEAPOLIS - A proposed class for consumers claiming that fiber cement siding on their homes prematurely fades and delaminates cannot be certified, a federal judge in Minnesota ruled Jan. 2, finding that individual issues involving each class member's home would require a mini-trial (In re: HardiePlank...

Mealey's PI/Product Liability - California Appeals Court Vacates $5.6M Risperdal Wrongful Death Verdict

LOS ANGELES - A California appeals panel on Jan. 3 vacated a $5.6 million Risperdal wrongful death verdict, finding that negligence turned more on medical malpractice than it did drug maker liability (Marion Liu, et al. v. Janssen Research & Development, LLC, Nos. B269318 and B270332, Calif. App...

Mealey's PI/Product Liability - Couples Settle Suit With Home Builder Over Allegedly Faulty Stucco

ORLANDO, Fla. - Two couples who were subsequent purchasers of homes built by Pulte Home Corp. that had allegedly improperly installed stucco dismissed their lawsuit in Florida federal court on Jan. 3 after reaching settlements with the company (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Reverses Punitives Ban In Risperdal Gynecomastia Case

PHILADELPHIA - A Pennsylvania appeals court on Jan. 8 reversed a trial court ruling barring punitive damages in a Risperdal gynecomastia case, saying the court needs to evaluate whether punitives are allowed by Wisconsin law (Timothy Stange v. Janssen Pharmaceuticals, Inc., et al., Nos. 739 EDA 2016...

Mealey's PI/Product Liability - Statute Of Repose Bars Ohio's Suit Over Garage's Defects, Appeals Court Says

CANTON, Ohio - The state of Ohio's lawsuit against a contractor that built a parking garage that later sustained damage to brick around five windows of the structure is barred by the state's 10-year statute of repose, an appellate panel ruled Jan. 8, holding that a lower court judge erred when...

Mealey's PI/Product Liability - Pennsylvania Judge Grants JNOV In 1st Xarelto Case, Voids $27.8M Award

PHILADELPHIA - A Pennsylvania judge on Jan. 10 granted judgment notwithstanding the verdict in the state's first Xarelto trial, vacating a $27.8 million plaintiff verdict (Hartman v. Janssen Pharmaceuticals, Inc., et al., No. 160503416, Pa. Comm. Pls., Philadelphia Co.).

Mealey's PI/Product Liability - Judge Halts Tribal Court From Hearing Cherokee Tribe's Opioid Claims

TULSA, Okla. - An Oklahoma federal judge on Jan. 9 stopped the Cherokee Nation from pursuing negligence claims in tribal court against drug distributors and retail pharmacy operators for contributing to the opioid crisis in Indian country, finding that the tribe is unlikely to show that it has jurisdiction...

Mealey's PI/Product Liability - California Appeals Court Says Flagstone Seller Cannot Obtain Attorney Fees

LOS ANGELES - A building materials supplier accused of selling defective flagstone to a couple's masonry subcontractor cannot obtain attorney fees from the plaintiffs after prevailing on its breach of warranty claim, a California appeals panel ruled Jan. 9, holding that an agreement between the seller...

Mealey's PI/Product Liability - Florida Appeals Panel Reverses $4.5 Million Verdict In Tobacco Suit

WEST PALM BEACH, Fla. - A Florida appeals panel on Jan. 10 reversed a $4.5 million verdict in an Engle progeny suit without explanation but ordered that a plaintiff who represents her mother's estate be able to file leave to add punitive damages (Philip Morris USA Inc., et al. v. Jacqueline Mechelle...

Mealey's PI/Product Liability - Subcontractor Not Required To Indemnify Builder For Defects, Appeals Court Rules

COLUMBIA, S.C. - A subcontractor accused of construction defects is not required to indemnify or contribute to a $150,000 arbitration award issued to a woman in her lawsuit against D.R. Horton Inc., a South Carolina appeals panel ruled Jan. 10, finding that the indemnification clause in the agreement...

Mealey's PI/Product Liability - Claims That Breast Implant Maker Concealed Leaks Can Proceed, Illinois Judge Says

CHICAGO - An Illinois federal judge on Jan. 11 said a plaintiff can proceed with her claim that Mentor Worldwide LLC concealed the risk of leaks from its MemoryGel breast implants and dismissed without prejudice her other claims as preempted (Catherine Gravitt, et al. v. Mentor Worldwide, LLC, No. 17...

Mealey's PI/Product Liability - 1st Circuit Reverses Dismissal Of 3 Pharmacists From NECC Misbranded Drug Case

BOSTON - The First Circuit U.S. Court of Appeals on Jan. 12 reversed the dismissal of criminal charges against three pharmacists who shipped misbranded drugs from the former New England Compounding Center (NECC), saying that whether the pharmacists knew that the drugs were going out under phony patient...

Mealey's PI/Product Liability - Plaintiffs' Firm, Trustee Settle Indemnification Dispute After Appeal Hearing

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 11 agreed to hold in abeyance a ruling on a plaintiff attorney's reimbursement of an Avandia settlement trustee after the parties told the court Jan. 9 that they reached a tentative settlement (In Re: Avandia Marketing, et al., No. 16...

Mealey's PI/Product Liability - Cook IVC MDL Case Remanded To Avoid Severing Doctor, Allow 'Empty Chair' Defense

INDIANAPOLIS - An Indiana federal judge overseeing the Cook inferior vena cava (IVC) filter multidistrict litigation on Jan. 11 remanded a case to state court, finding that the implanting doctor is an indispensable party to the case and that severing him would allow product liability defendant Cook Medical...

Mealey's PI/Product Liability - Couple Not Entitled To Attorney Fees In Defects Suit, Appeals Court Says

BATON ROUGE, La. - A couple who prevailed on their claims that a home builder committed fraud when telling them he built a house that had construction defects cannot receive $30,600 in attorney fees, a 2-1 Louisiana appeals panel ruled Jan. 11, finding that the man was not a party to the sales agreement...

Mealey's PI/Product Liability - U.S. Attorney Seeks $611,774 In Forfeiture Against NECC Chief Pharmacist

BOSTON - The United States on Jan. 16 asked a district court to order former New England Compounding Center (NECC) pharmacist Glenn A. Chin to forfeit $611,744 following his conviction for racketeering, mail fraud and selling adulterated and misbranded drugs (United States of America v. Glenn A. Chin...

Mealey's PI/Product Liability - California High Court: Defects Suit Subject To Prelitigation Dispute Resolution

SAN FRANCISCO - The prelitigation requirements established under California's Right to Repair Act apply to an economic loss and property damage lawsuit brought by homeowners against the builder of 37 homes, the California Supreme Court ruled Jan. 18 in affirming a ruling staying the suit subject...

Mealey's PI/Product Liability -Expert's Opinions Were Contradicted By Medical Records, Florida Majority Affirms

MIAMI - The majority of a Florida appeals court on Jan. 17 found that the opinions of a plaintiff's expert did not have sufficient evidentiary weight to be submitted to the jury, affirming a lower court's judgment notwithstanding a jury verdict in a lawsuit against a nursing facility and its...

Mealey's PI/Product Liability - Supplier Dismissed From Hernia Plug Suit As Unrelated To Device Manufacturers

HANNIBAL, Mo. - A Missouri federal judge on Jan. 18 dismissed a supplier in a C.R. Bard/Davol Inc. PerFix Plus products liability lawsuit, saying the supplier is not a subsidiary of the main defendants as the plaintiff alleges (Jonathan Greenwood v. Davol, Inc., et al., No. 17-39, E.D. Mo., Northern...