LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Xarelto MDL Judge Denies Preemption Summary Judgment Based On Label Change

NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on April 13 denied a defense motion to grant partial summary judgment based on preemption in the first two bellwether cases, saying the issues "are factually pregnant and inappropriate for summary judgment"...

Mealey's PI/Product Liability - Nonsuit Granted In Risperdal Gynecomastia Trial By Pennsylvania Judge

PHILADELPHIA - A Pennsylvania state court judge on April 17 granted a defense motion for a compulsory nonsuit in a Risperdal gynecomastia trial at the close of the plaintiff's case (Dean Hibbs v. Janssen Pharmaceuticals, Inc., et al., No. 130600861, Pa. Comm. Pls., Philadelphia Co.).

Mealey's PI/Product Liability - Colorado High Court Says Privity Needed For Homeowner To Sue Developer

DENVER - The Colorado Supreme Court on April 17 ruled that a homeowner who claims that his basement is uninhabitable due to water in his basement cannot pursue a claim against the developer for breach of the implied warranty of suitability, finding that the homeowner did not have privity to a contract...

Mealey's PI/Product Liability - 5th Circuit Remands Slip-And-Fall Suit For A Second Time

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 14 reversed summary judgment for a second time in a suit where an employee at a grocery store was injured while cleaning up a spill because there is a question of material fact over whether a cleaning product the store failed to...

Mealey's PI/Product Liability - Theranos To Pay $4.85M In Restitution To Settle Arizona's Consumer Lawsuit

PHOENIX - Blood-testing start-up Theranos Inc. on April 18 agreed to pay $4.85 million to Arizona as full restitution to state residents who had their blood tested under the company's auspices only to have 834,233 test results voided (State of Arizona, et al. v. Theranos, Inc., No. n/a, Ariz. Super...

Mealey's PI/Product Liability - Appeals Court Reinstates Association's Warranty Claim Against Developer

MINNEAPOLIS - An appellate court panel in Minnesota on April 17 overturned a trial court judge's ruling finding that a building association's breach of express warranty claim arising from water intrusion caused by a lack of proper caulking was untimely, ruling that the judge applied the wrong...

Mealey's PI/Product Liability - Federal Judge Awards Plaintiffs In Medical Malpractice Suit $33.8 Million

MIAMI - A federal judge in Florida on April 17 ordered the United States to pay the parents of a child who developed brain damage following delivery $33.8 million after finding it responsible for the negligence of a doctor who was employed by a federally funded clinic (Marla Dixon, et al. v. United States...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms $55 Million Verdict In Product Defect Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on April 19 affirmed a $55 million verdict in a product liability suit in which a man claimed that he became a quadriplegic because the seat belt he was wearing during a car crash did not protect him (American Honda Motor Co., Inc. v. Carlos Martinez...

Mealey's PI/Product Liability - 5th Circuit Panel Affirms Summary Judgment In Rifle Defect Suit

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 19 affirmed a federal judge's grant of summary judgment to the makers of a rifle because the product defect suit against them was time-barred by the Texas Statute of Repose (Edward Burdett v. Remington Arms Company LLC, et...

Mealey's PI/Product Liability - $3M Verdict Awarded Against GSK For Failing To Warn Of Suicide In Generic Paxil Case

CHICAGO - An Illinois federal jury on April 20 awarded $3 million to a widow after finding that GlaxoSmithKline PLC (GSK) failed to update the label for the antidepressant Paxil to warn that the drug can cause suicide in patients older than 24 (Wendy B. Dolin, et al. v. SmithKline Beecham Corporation...

Mealey's PI/Product Liability - Cherokee Nation Says Drug Distribution Companies Liable For Opioid Crisis

TAHLEQUAH, Okla. - The Cherokee Nation sued several top drug distributors and retail pharmacy operators April 20 in tribal court, alleging that they failed to prevent the diversion of illegally prescribed opioid pain killers to tribal members, causing hundreds of deaths and hundreds of millions of dollars...

Mealey's PI/Product Liability - FDA Warns Against Codeine, Tramadol For Young Kids, Some Teens, Nursing Moms

SILVER SPRING, Md. - The Food and Drug Administration on April 20 warned that children under 12, adolescents with fast metabolisms or who have had tonsillectomies and nursing mothers should not take prescription products containing the opioids codeine and tramadol for pain or cough suppression because...

Mealey's PI/Product Liability - Federal Judge Orders United States To Pay $32.9M In Medical Malpractice Suit

HARRISBURG, Pa. - A federal judge in Pennsylvania on April 20 found that the United States was responsible for the brain damage a child sustained during delivery at a federally funded facility and ordered the United States to pay the parents of the child $32.9 million (Christina Late, et al. v. United...

Mealey's PI/Product Liability - Aleve Kidney Injury Experts Excluded; Bayer Gets Summary Judgment

EAST ST. LOUIS, Ill. - An Illinois federal judge on April 21 granted Bayer Corp.'s motion for summary judgment in an Aleve case after excluding the plaintiff's two experts from testifying that the over-the-counter pain reliever caused permanent kidney damage (Kenneth Hale, et al. v. Bayer Corporation...

Mealey's PI/Product Liability - Chinese Drywall MDL Judge Adopts Formula To Calculate Remediation Damages

NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert's formula that states that class members should receive $86 per square foot to remediate damage to their homes' electrical and plumbing systems...

Mealey's PI/Product Liability - Alabama High Court Reverses Summary Judgment In Slip-And-Fall Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on April 21 found that a company that owns a McDonalds fast food restaurant did not present enough evidence to show that a puddle a woman slipped on was an open and obvious danger and reversed summary judgment granted to the company by the trial court (Andre...

Mealey's PI/Product Liability - Supreme Court Justices Grapple With Jurisdiction In Plavix State Court Cases

WASHINGTON, D.C. - The U.S. Supreme Court on April 25 wrestled with the question of whether California state courts can retain jurisdiction over hundreds of Plavix cases and, if not, in what fora they belong (Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco...

Mealey's PI/Product Liability - 1st Xarelto MDL Bellwether Trial Under Way In New Orleans

NEW ORLEANS - The first Xarelto multidistrict litigation bellwether trial got under way April 24 with testimony by plaintiff regulatory expert Dr. David Kessler (In Re: Xarelto Products Liability Litigation, MDL Docket No. 2592, No. 14-md-2592, Joseph Boudreaux Jr., et al. v. Janssen Pharmaceuticals...

Mealey's PI/Product Liability - MDL Judge Says Court Has Jurisdiction Over China-Based Drywall Makers

NEW ORLEANS - The federal judge presiding over lawsuits claiming that drywall manufactured in China and installed in their homes is defective because it causes corroding of copper pipes and electrical wires ruled April 21 that homeowners can pursue claims against companies based in that country because...

Mealey's PI/Product Liability - Florida Appeals Panel Affirms Summary Judgment In Premises Liability Suit

WEST PALM BEACH, Fla. - A Florida appellate panel on April 26 affirmed a decision by a lower state court to grant summary judgment to a land owner because "no reasonable jury" could find that an easement where a woman injured herself was designed as a path to get to a shopping center and because...

Mealey's PI/Product Liability - Parties Calculate $1.04M In Prejudgment Interest Due In MicroCool Class Action

LOS ANGELES - Parties in the $454 million MicroCool surgical gown California class action on April 26 told the court that as of that date, they calculate that defendant Kimberly-Clark Corp. owes $1.04 million in prejudgment interest and spinoff Halyard Health Inc. owes $42,836 (Bahamas Surgery Center...

Mealey's PI/Product Liability - Pharmacists' False Claims Suit Against Generic Drug Maker Zydus Survives Dismissal

TRENTON, N.J. - A New Jersey federal judge on April 26 denied a motion by generic drug maker Zydus Pharmaceuticals (USA) Inc. to dismiss a False Claims Act lawsuit in which two pharmacists accuse the company of inflating wholesale drug prices (United States of America ex rel. Azam Rahimi, et al. v. Zydus...

Mealey's PI/Product Liability - Texas Sues FDA To Lift Ban On Imported Drug For Lethal Injections

GALVESTON, Texas - The Texas Department of Criminal Justice on April 26 filed an amended complaint against the Food and Drug Administration, asking a Texas federal court to declare that the FDA's impoundment of a drug for lethal injections is unlawful (Texas Department of Criminal Justice v. United...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Review Appeal Regarding GM's Liability After Bankruptcy

WASHINGTON, D.C. - The U.S. Supreme Court on April 24 said it will not review the Second Circuit U.S. Court of Appeals' ruling that personal injury, wrongful death and economic loss claims over a defective ignition switch can be filed against General Motors LLC because they fall within the "free...

Mealey's PI/Product Liability - Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds

OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner...