LexisNexis® Legal Newsroom
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 - Reduction Of Jury Award, Denial Of New Trial Affirmed By Massachusetts Court

BOSTON - The Massachusetts Appeals Court on June 6 affirmed the remittitur of a $32 million award to $20 million to the husband of a woman killed by a speeding SUV that crashed into a Cumberland Farms convenience store as she was entering it. The appeals court also refused to grant the store operator...

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 - Couple Says Window Maker Breached Agreement When Replacing Defective Windows

BALTIMORE - A couple sued Jeld-Wen Inc. in Maryland federal court June 11 claiming that the company breached the terms of a June 2015 settlement agreement when replacing and repairing defective windows in their home with more defective windows (Carl J. Schramm, et al. v. Jeld-Wen Inc, No. 18-cv-01716...

Mealey's PI/Product Liability - Lipitor MDL Plaintiffs Lose On Appeal As 4th Circuit Upholds Experts' Rejection

RICHMOND, Va. - Finding no abuse or error in a federal judge's exclusion of the causation opinions of three experts for thousands of women seeking to hold Pfizer Inc. liable for their diabetes, which they say was caused by using the popular cholesterol drug Lipitor, the Fourth Circuit U.S. Court...

Mealey's PI/Product Liability - Securities Class Action Dismissed For Failure To Plead Falsity, Scienter

NEW YORK - A federal judge in New York on June 11 dismissed an amended shareholder complaint in its entirety and with prejudice, ruling that lead plaintiffs failed to plead falsity or scienter in making their federal securities law claims against an animal pharmaceutical company and certain of its senior...

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 - Defendants Prevail At Trial In Dispute Over Car Accident Caused By Cow

DENVER - A Colorado federal magistrate judge on June 14 explained her decision to instruct jurors two days earlier that actual notice is not a prerequisite to apportioning liability to the Colorado Department of Transportation (CDOT) for any negligence by the state that contributed to an automobile accident...

Mealey's PI/Product Liability - Pennsylvania Superior Court Refiles Ruling In $5 Malpractice Suit After Stay Lifted

HARRISBURG, Pa. - After a stay pursuant to a liquidation order of an insolvent insurer was automatically lifted, a Pennsylvania Superior Court panel on June 13 refiled its Jan. 30 ruling that affirmed a $5 million medical malpractice verdict in favor of the daughter of a man who died because of a misplaced...

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 - Defective Shingles Absorb Moisture, Prematurely Crack, Woman Says

CLEVELAND - A woman says in a lawsuit filed June 18 in Ohio state court that Atlas Roofing Corp. should replace the shingles she had installed on her roof in 2002 because their defective design allows them to absorb moisture and then blister and crack long before the expiration of the product's 30...

Mealey's PI/Product Liability - Opioid-Pushing Doctor's Conviction Upheld, As Is Medical Expert's Testimony

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was...