LexisNexis® Legal Newsroom
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...

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 - C.R. Bard To Be Bought By Becton Dickinson For $24B

Medical device companies C.R. Bard Inc. and Becton, Dickinson and Co. (BD) will merge in a $24 billion cash and stock deal, the companies announced April 23.

Mealey's PI/Product Liability - 3rd Circuit Says Asbestos Exclusion Is Enforceable, Insurer Owes No Coverage

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 21 reversed a $36 million judgment entered against an insurer in an asbestos coverage dispute after determining that an asbestos exclusion is not ambiguous and bars coverage for underlying asbestos-related claims filed against the insured...

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 - Judge Rejects Challenge To Causation Testimony In Asbestos Case

NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April...

Mealey's PI/Product Liability - Recent Missouri Precedent Secures Asbestos Defendant Jurisdictional Dismissal

ST. LOUIS - Recent Missouri Supreme Court precedent finding that registration in the state does not constitute consent to jurisdiction warrants reconsideration of an earlier ruling in an asbestos case and granting the company's motion to dismiss, a federal judge in Missouri said April 21 (Diane MacCormack...

Mealey's PI/Product Liability - Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds

WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford...

Mealey's PI/Product Liability - Judge: Expert Unqualified To Testify On Dewatering Industry's Standard Practices

OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for...

Mealey's PI/Product Liability - Supreme Court Rules Against Tribal Casino Limo Driver In Couple's Negligence Suit

WASHINGTON, D.C. - An Indian tribe's sovereign immunity does not protect a tribal casino limousine driver from an individual capacity lawsuit filed by a couple injured in a crash with the limo because the driver is the actual party in interest, not the tribe, a unanimous U.S. Supreme Court held April...

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 - Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court...

Mealey's PI/Product Liability - Premarital Asbestos Exposure Can't Bar Consortium Claim, Florida Top Court Told

WEST PALM BEACH, Fla. - An appeals court erred in concluding that because a man's asbestos exposure occurred prior to marriage, his widow cannot pursue a statutory loss of consortium claim, the woman told the Florida Supreme Court April 21 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No....

Mealey's PI/Product Liability - Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits

WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme...