LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - 5th AndroGel Bellwether Trial Claiming Blood Clot Injury Under Way In MDL

CHICAGO - An AndroGel multidistrict litigation bellwether trial got under way on June 5 in the U.S. District Court for the Northern District of Illinois (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley, et al. v. AbbVie, Inc., et...

Mealey's PI/Product Liability - Couple Can Pursue Breach Of Contract Claim Over Shingles, Cabinets, Judge Says

CHICAGO - A couple seeking to lead a putative class action suit against the builder of 46 homes can pursue claims for breach of contract over the defendant company's use of 25-year shingles and wood veneer cabinets, a federal judge in Illinois ruled June 6, holding that the materials were not of...

Mealey's PI/Product Liability - Lundbeck To Pay $52.6M To Settle Federal Probe Into Patient Assistant Donations

VALBY, Denmark - H. Lundbeck A/S on June 6 announced that its U.S. subsidiary Lundbeck LLC has reached an agreement in principle with the U.S. Department of Justice to settle an investigation into the domestic subsidiary's donations to independent patient assistance charitable foundations for $52...

Mealey's PI/Product Liability - Shingle Maker Awarded Summary Judgment In Class Action Suit Over Alleged Defect

ATLANTA - A federal judge in Georgia on June 8 awarded summary judgment to Atlas Corp. after finding that an Ohio man was unable to show that an alleged defect in the shingles installed on his home caused a leak that required the roof to be replaced (In re Atlas Roofing Corp. Chalet Shingle Products...

Mealey's PI/Product Liability - Pennsylvania Superior Court Affirms Preemption Of Opioid Off-Label Death Claim

PHILADELPHIA - The Pennsylvania Superior Court on June 8 affirmed that a father's claim that his son's overdose death was caused by the off-label promotion of the opioid Actiq are preempted by federal law (Joseph A. Caltagirone, et al. v. Cephalon, Inc., et al., No. 1301 EDA 2017, Pa. Super....

Mealey's PI/Product Liability - Iowa Appeals Panel Upholds $900,000 Award Following Nursing Home Death

DES MOINES, Iowa - A $900,000 jury award for the family of a woman who was determined to have died from dehydration due to negligence at the nursing home where she resided was not excessive given "degree of reprehensibility," an Iowa Court of Appeals panel ruled June 6, affirming a trial court's...

Mealey's PI/Product Liability - 6th Circuit Reverses Summary Judgment In Risperdal Gynecomastia Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on June 11 reversed summary judgment in a Risperdal gynecomastia lawsuit after finding that the trial court applied the wrong Kansas statute of repose (Joseph W. Ehrenfelt v. Janssen Pharmaceuticals, Inc., et al., No. 17-5292, 6th Cir., 2018 U.S. App...

Mealey's PI/Product Liability - Subsequent Home Buyer Cannot Pursue Claims Against Shingle Maker Over Defects

ATLANTA - A Kentucky man's lawsuit against the manufacturer of Chalet-brand roofing shingles cannot pursue claims based on the company's alleged breach of express and implied warranties for the product, a federal judge in Georgia ruled June 8, holding that the man failed to properly transfer...

Mealey's PI/Product Liability - Shingles' Limited Warranty Does Not Apply To Association, Judge Finds

ATLANTA - A federal judge in Georgia overseeing litigation over allegedly defective roofing shingles awarded summary judgment to the product's manufacturer on June 8, finding that the shingles' limited warranty does not apply to a condominium association because it was the third owner of the...

Mealey's PI/Product Liability - Endo Settles All Known Testosterone Drug Cases

DUBLIN, Ireland - Endo International PLC on June 11 announced that its Endo Pharmaceuticals Inc. and Auxilium Pharmaceuticals LLP subsidiaries have entered into a master settlement agreement to resolve "all known" testosterone replacement therapy product liability claims.

Mealey's PI/Product Liability - Texas Creates Multidistrict Litigation For Opioid Suits By 18 Counties

AUSTIN, Texas - A Texas judicial panel on Jan. 13 granted a motion by opioid defendants to centralize lawsuits by Texas counties into a multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

Mealey's PI/Product Liability - 5th AndroGel Bellwether Trial Ends In Defense Verdict For AbbVie, Abbott

CHICAGO - The fifth AndroGel multidistrict litigation bellwether trial ended June 14 with a verdict for defendants AbbVie Inc. and Abbott Laboratories (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Robert Rowley, et al. v. AbbVie, Inc., et al...

Mealey's PI/Product Liability - Opioid MDL Judge Orders Briefing On New Media Access To DEA Drug Data

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on June 13 ordered the parties to submit briefs on whether the court should allow two newspaper groups to access drug distribution records being produced by the U.S. Drug Enforcement Administration (DEA) for the ongoing...

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Preemption Of Medtronic Drug Pump Case

CHICAGO - An Illinois state appeals court on June 14 affirmed that a plaintiff's claims involving an implanted drug pump are preempted, finding that the plaintiff failed to conduct discovery afforded her and to file an amended complaint that might have escaped preemption (Tracey Benyak v. Medtronic...

Mealey's PI/Product Liability - Defense Verdict Returned In Massachusetts Boston Scientific Pelvic Mesh Trial

WOBURN, Mass. - A Massachusetts state court jury on June 14 returned a defense verdict in a Boston Scientific Corp. pelvic mesh trial (Ana Martinez, et al. v. Boston Scientific Corporation, et al., No. 12-3081, Mass Super., Middlesex Co.).

Mealey's PI/Product Liability - Theranos Founder Holmes, Ex-President Indicted On Federal Fraud Charges

SAN JOSE, Calif. - Theranos Inc. Founder Elizabeth A. Holmes and former company chief operating officer Ramesh "Sunny" Balwani were arraigned June 15 on federal criminal charges of conspiracy to commit wire fraud against investors, doctors and patients doing business with the medical device...

Mealey's PI/Product Liability - 9th Circuit Reverses Dismissal Of Smith & Nephew Metal-On-Metal Hip Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 13 reversed dismissal of a Smith & Nephew Inc. metal-on-metal hip complaint, saying the plaintiff has or can make plausible claims that the manufacturer failed to warn about early failure rates of its Birmingham Hip Replacement (BHR...

Mealey's PI/Product Liability - New Jersey Appeals Court: Yaz/Yasmin Plaintiff Didn't Provide Valid Expert Report

TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super...

Mealey's PI/Product Liability - Texas Opioid MDL Assigned To Judge In Bexar County

AUSTIN, Texas - The Texas Multidistrict Litigation Panel on June 18 appointed Judge David Peeples of the Bexar County District Court as the pretrial judge for the panel's recently created opioid multidistrict litigation (In Re: Texas Opioid Litigation, MDL No. 18-0358, Texas MDL).

Mealey's PI/Product Liability - Couple's Contract, Warranty Claims Over Leaky Windows Survive Dismissal

PITTSBURGH - A couple's claims for breach of warranty and breach of contract survived motions to dismiss filed by the builder of their custom home and the manufacturer of the windows after a federal judge in Pennsylvania on June 18 found that the repair doctrine could be applied to make the claims...

Mealey's PI/Product Liability - Zostavax Shingles Vaccine MDL To Be Weighed July 26 By Judicial Panel

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation will hear arguments on July 26 on a motion by Merck Sharpe & Dohme Corp. to create a multidistrict litigation for 57 federal lawsuits alleging that patients who received Merck's Zostavax shingles vaccine developed the virus (In...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Affirms $12M Pelvic Mesh Verdict Against Ethicon

PHILADELPHIA - The Pennsylvania Superior Court on June 19 affirmed a $12.85 million pelvic mesh verdict against Ethicon Inc., rejecting both the defendants' arguments and the plaintiff's argument that delay damages should have also been applied to her punitive damage award (Patricia L. Hammons...

Mealey's PI/Product Liability - Judge Preliminarily Approves $36M Settlement Of Lumber Liquidators MDLs

ALEXANDRIA, Va. - A federal judge in Virginia overseeing lawsuits stemming from flooring sold by Lumber Liquidators Inc. that contained excessive levels of formaldehyde and suits contending that the company's flooring prematurely scratched, chipped, warped and stained on June 15 preliminarily approved...

Mealey's PI/Product Liability - Hearing July 26 On Motion For Davol Hernia Patch MDL

WASHINGTON, D.C. - A federal judicial panel will hear arguments July 26 on whether to centralize 55 hernia mesh cases filed against C.R. Bard Inc., Davol Inc. and Becton Dickinson (In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL Docket No. 2846, JPMDL...

Mealey's PI/Product Liability - Judge Allows Woman To Amend Suit Over Alleged Abdominal Mesh Injuries

NEW ORLEANS - A federal judge in Louisiana on June 20 dismissed without prejudice a woman's lawsuit over injuries she allegedly sustained as a result of abdominal mesh made by Medtronic Inc. and Covidien LP, finding that her complaint does not include the date she suffered the alleged injury and...