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Mealey's PI/Product Liability - Baxter Gets Subpoena In Antitrust Grand Jury Probe Of IV Products

DEERFIELD, Ill. - Baxter International Inc. on April 14 reported that an employee has received a grand jury subpoena pursuant to an antitrust criminal investigation taking place in the U.S. District Court for the Eastern District of Pennsylvania.

Mealey's PI/Product Liability - Drug Distributor McKesson Gets Injunction Against Arkansas' Execution Drug Use

LITTLE ROCK, Ark. - An Arkansas state court judge on April 14 issued a temporary restraining order against the state's planned executions of eight death row inmates in 11 days at the request of drug distributor McKesson Medical-Surgical Inc. (McKesson Medical-Surgical, Inc. v. State of Arkansas,...

Mealey's PI/Product Liability - California IVC Plaintiffs Were Not Proposing Joint Trial; CAFA Remand Affirmed

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 14 agreed with a federal district court that nine plaintiffs bringing claims against Cordis Corp. for injuries allegedly caused by the defendant's inferior vena cava (IVC) device are not seeking trials that would trigger federal jurisdiction...

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 - Majority Affirms Idaho Law Applies, Bars Coverage For Claims Arising From Injury

SEATTLE - A majority of the Ninth Circuit U.S. Court of Appeals on April 14 affirmed a lower federal court's ruling that Idaho law applies to bar coverage for claims arising from an eye injury (Gary Butler v. North American Capacity Insurance Co., et al., No. 14-35131, 9th Cir., 2017 U.S. App. LEXIS...

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 - Florida Appeals Court Reinstates Homeowner's Defects Suit Against Builder

DAYTONA BEACH, Fla. - A homeowner's construction defects lawsuit against the builder of his home was reinstated by a Florida appeals panel on April 13; the court found that the action was not barred by the 10-year statute of repose (Timothy Busch v. Lennar Homes, LLC, No. 5D16-1626, Fla. App., 5th...

Mealey's PI/Product Liability - Ex-Chemistry Teacher's Asbestos Action Belongs In Indonesia, Panel Says

SAN FRANCISCO - Indonesia's interests in preventing, and compensating for, asbestos exposures by residents support a judge's conclusion that Hawaii is not the best forum for a former chemistry teacher's lawsuit, a divided Ninth Circuit U.S. Court of Appeals panel held April 14 (James S. Herbert...

Mealey's PI/Product Liability - Florida High Court; Attorney-Doctor Referral Relationship Protected By Privilege

TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is...

Mealey's PI/Product Liability - Supreme Court: Causal Link Necessary In Sanctions For Discovery Misconduct

WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear...

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 Grants Amtrak's Motion To Dismiss Negligence Suit

BALTIMORE - A federal judge in Maryland on April 18 granted the National Railroad Passenger Corp.'s (Amtrak) motion to dismiss a suit brought by a woman who claimed that she was injured after falling down on an Amtrak train because she did not plead sufficient facts to support a negligence claim...

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 - Jury Enters Almost $8M Verdict Against Supplier Of Contaminated Seeds

SANTA ANA, Calif. - A California federal jury on April 14 entered an almost $8 million verdict against a company that supplied pomegranate seeds contaminated with hepatitis A after determining that the plaintiffs proved that the company was the source of the contaminated seeds (Townsend Farms Inc. v...

Mealey's PI/Product Liability - Ohio Top Court Agrees To Hear Asbestos Causation Testimony Challenge

CLEVELAND - Ohio's Supreme Court on April 19 agreed to wade into a dispute over the admissibility of expert causation testimony in an asbestos case, according to its docket (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio Sup.).

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 - Man Sues Restaurant After Developing E. Coli From Chicken And Rice

BOSTON - A man who contracted E. coli after eating chicken and rice from a restaurant filed suit against the restaurant in a Massachusetts state court on April 18, claiming that the restaurant failed to protect him by serving contaminated food (Trevor Bryant v. Chicken and Rice Guys LLC, No. 1784CV01184...

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 - Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State

TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15...