LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Risperdal Gynecomastia Defense Verdict Reversed On Appeal For 'Expert' Testimony

PHILADELPHIA - A Pennsylvania state appeals court panel on Nov. 13 reversed a Risperdal gynecomastia defense verdict, finding that the trial court erred in not treating physician assistant's testimony as that of a causation expert (W.C. v. Janssen Pharmaceuticals, Inc., et al., No. 2451 EDA 2015...

Mealey's PI/Product Liability - Pennsylvania Appeals Court: 2 Risperdal Gynecomastia Cases Time-Barred

PHILADELPHIA - A Pennsylvania appeals panel on Nov. 13 affirmed defense summary judgment in two Risperdal gynecomastia cases, ruling that the plaintiffs reasonably should have known that their alleged injuries were caused by the drug before they filed suit a minimum of six years too late (Jonathan Saksek...

Mealey's PI/Product Liability - Magistrate: Insufficient Evidence Of Exposure To Original Products In Asbestos Case

SCOTTSDALE, Ariz. - To hold two companies liable for supplying valves to the U.S. Navy, a plaintiff must also submit evidence that the asbestos-containing gaskets and packing were original or that the companies supplied replacement parts, a federal magistrate judge in Arizona said in a Nov. 9 report...

Mealey's PI/Product Liability - MDL Judge Will Allow Limited Discovery Into C-Qur Patch Swedish Parent Company

CONCORD, N.H. - The New Hampshire federal judge overseeing the C-Qur mesh multidistrict litigation on Nov. 14 denied without prejudice a motion by the defendants' Swedish parent company to be dismissed for lack of personal jurisdiction and instead allowed plaintiffs to conduct limited discovery on...

Mealey's PI/Product Liability - 1st Circuit Affirms Summary Judgment In Car Crash Suit

BOSTON - The First Circuit U.S. Court of Appeals on Nov. 13 affirmed a decision by a district court to grant summary judgment to the defendants in a car crash suit after finding that a magistrate judge did not err by striking expert reports from a plaintiff's opposition to summary judgment (Nana...

Mealey's PI/Product Liability - Arkansas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

LITTLE ROCK, Ark. - A panel of the Third Division of the Arkansas Court of Appeals on Nov. 15 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err by giving the jury an instruction stating that the jury may only consider the expert testimony of nurses...

Mealey's PI/Product Liability - Public Citizen Petitions FDA To Remove Benicar Blood Pressure Drug From Market

WASHINGTON, D.C. - Advocacy group Public Citizen on Nov. 15 petitioned the Food and Drug Administration to immediately require the removal of Benicar from the market because it says the blood pressure drug "has unique serious risks but no unique benefit."

Mealey's PI/Product Liability - Federal Judge Compels Discovery From Plaintiffs In Asbestos-Drilling Mud Case

BATON ROUGE, La. - Plaintiffs alleging asbestos exposure in drilling mud must respond to written discovery seeking information regarding injuries, exposure and work history and seeking the release of related medical records and work histories, a federal judge in Louisiana said Nov. 14 (Manuel Garza v...

Mealey's PI/Product Liability - Woman Wants Delaware Household Asbestos Case Against Manufacturers Revived

WILMINGTON, Del. - Two companies supplied tons of asbestos-containing paper to a manufacturer without any type of warning, despite clear evidence of the fiber's dangers to workers and household members, a women tells Delaware's top court in urging it to reinstate her second-hand exposure case...

Mealey's PI/Product Liability - Montana High Court Finds Bankruptcy Stay Tolled Asbestos Suits Against Railway

HELENA, Mont. - W.R. Grace's bankruptcy order enjoining new litigation tolled the Federal Employer's Liability Act (FELA) three-year statute of limitations for suing an associated railroad that allegedly exposed a worker to asbestos-contaminated vermiculite, the Montana Supreme Court held Nov...

Mealey's PI/Product Liability - Boiler, Furnace Companies, Supply Houses Secure Verdict In Pa. Asbestos Trial

SCRANTON, Pa. - A Pennsylvania jury on Nov. 15 returned a defense verdict for a handful of boiler and furnace manufacturers and parts supply houses, finding that the asbestos-containing products in question were not unreasonably dangerous and that none of the five defendants acted negligently (Diane...

Mealey's PI/Product Liability - Jury Finds For Defense In 1st Testim Bellwether Trial In Testosterone MDL

CHICAGO - Jurors in the first testosterone replacement therapy multidistrict bellwether trial involving Testim on Nov. 16 found in favor of defendant Auxilium Pharmaceuticals LLC (In Re: Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC...

Mealey's PI/Product Liability - 6 Plaintiffs Awarded $247M In 4th DePuy Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Nov. 16 awarded six plaintiffs $247.49 million in the fourth multidistrict litigation bellwether trial involving the DePuy Orthopaedics Inc. Pinnacle hip (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244,...

Mealey's PI/Product Liability - Louisiana Appeals Panel Affirms $500,000 Verdict In Medical Malpractice Suit

SHREVEPORT, La. - A Louisiana appeals panel on Nov. 15 affirmed a $500,000 verdict in a medical malpractice suit after finding that the trial court did not err by excluding the credibility evidence of the expert of a woman who claimed that a doctor breached the standard of care that caused her husband's...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Nov. 16 affirmed a verdict in favor of a hospital where a man was given an injection and developed severe pain in his leg following the injection after finding that the verdict was not against the weight of the evidence (Lonnie...

Mealey's Toxic Tort/Environmental - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene...

Mealey's PI/Product Liability - Los Angeles Jury Returns Asbestos Verdict For J&J, Talc Miner

LOS ANGELES - A California jury on Nov. 16 returned a verdict in favor of Johnson & Johnson in the first ever cosmetic-talc asbestos case taken to trial against the company, while also handing a defense verdict to the company that mined the raw talc, sources told Mealey Publications (Tina Herford...

Mealey's PI/Product Liability - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene...

Mealey's PI/Product Liability - West Virginia High Court Affirms Summary Judgment In Medical Malpractice Suit

CHARLESTON, W.Va. - West Virginia's high court on Nov. 17 unanimously found that a lower court did not err in granting summary judgment to a hospital and one of its doctors because the statute of limitations had expired before the plaintiffs filed suit (Donna Parsons, et al. v. Herbert J. Thomas...

Mealey's PI/Product Liability - Alabama Federal Judge Denies Summary Judgment In Premises Liability Suit

MOBILE, Ala. - A federal judge in Alabama on Nov. 16 denied a processing plant's motion for summary judgment in a premises liability suit after finding that a man who injured himself after falling off of a platform properly alleged his premises liability claims and that there is a genuine issue of...

Mealey's PI/Product Liability - Georgia Appeals Panel Orders Summary Judgement In Premises Liability Suit

ATLANTA - A Georgia appellate panel on Nov. 16 reversed an order from a trial court denying summary judgment to a hospital in a premises liability suit after finding that a man who slipped on ice in the parking lot of the hospital did not show that the hospital had actual knowledge of the danger (St...

Mealey's PI/Product Liability - California Appeals Court Reinstates Man's Defects Claim Over Plumbing

RIVERSIDE, Calif. - A California appeals panel on Nov. 16 reversed a trial judge's decision to award summary judgment to a general contractor accused of construction defects, holding that the man should be allowed to present evidence to demonstrate that his allegations of defectively installed plumbing...

Mealey's PI/Product Liability - Asbestos Claimants' Committee Named For Bestwall's Chapter 11 Case

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Nov. 16 appointed the Official Committee of Asbestos Personal Injury Claimants in the new Chapter 11 case of Bestwall LLC, selecting one of three claimants who requested to sit on the committee in addition to the nine claimants proposed by...

Mealey's PI/Product Liability - Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit

INDIANAPOLIS - A panel of the Indiana Court of Appeals on Nov. 21 affirmed summary judgment as to causation in favor of a couple who sued a doctor who allegedly failed to properly treat a woman's ankle pain because the doctor did not raise a genuine issue of fact (Edward E. Bell M.D. v. Joan Barmore...

Mealey's PI/Product Liability - N.M. Appeals Court Orders Directed Verdict Be Vacated In Medical Malpractice Suit

SANTA FE, N.M. - In a split decision, the Arizona Supreme Court on Nov. 20 affirmed a lower appellate court's decision to reverse a stipulated directed verdict in a medical malpractice suit after finding that the statute of repose expired in the suit where a woman claimed that her doctor failed to...