LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - New York Informed Intermediary Doctrine Results In Dismissal Of Orthopedic Cable Case

NEW YORK - A New York federal judge on March 16 granted summary judgment to Zimmer Inc. and Pioneer Surgical Technology Inc. after finding that a doctor was an informed intermediary and knew that a cable used in a femur fracture repair could break (Mary Tomaselli, et al. v. Zimmer, Inc., et al., No....

Mealey's PI/Product Liability - Jury Awards Couple $89,090 For Negligent Installation Of Spray Foam Insulation

NEW HAVEN, Conn. - A federal jury in Connecticut on March 16 found in favor of a couple who claimed that negligently installed spray polyurethane foam (SPF) insulation resulted in property damage and awarded them $82,400 for diminution in the value of their property and $6,690 in damages for the installation...

Mealey's PI/Product Liability - FDA Warns IBS Drug Viberzi May Cause Pancreatitis In Patients Without Gallbladder

SILVER SPRING, Md. - The Food and Drug Administration on March 15 issued a drug safety communication warning that the irritable bowel syndrome (IBS) drug Viberzi has been associated with reports of hospitalizations and deaths in patients who do not have a gallbladder.

Mealey's PI/Product Liability - Eliquis MDL Parties Disagree Whether Preemption Ruling Would Be A Silver Bullet

NEW YORK - Parties in the 37-day-old Eliquis multidistrict litigation on March 16 told the judge they disagree whether a preemption ruling in one case will be dispositive of all cases in the litigation (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, No. 17-md-2754, S.D...

Mealey's PI/Product Liability - New York Appeals Panel Affirms Summary Judgment In Dog Injury Suit

NEW YORK - While noting that it is not prudent law or policy, New York appellate panel on March 15 said a trial court was right to grant summary judgment to a man who was sued because his dog caused an injury to a pedestrian even though the dog was not vicious because New York law does not allow for...

Mealey's PI/Product Liability - Michigan Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit

TROY, Mich. - A Michigan appeals panel on March 14 affirmed a lower court's grant of summary disposition and dismissal of a suit in which a man claimed that he slipped and injured himself on a property because the ice he slipped on was an open and obvious hazard (Nick Zimmer v. Harbour Cove on the...

Mealey's PI/Product Liability - Oklahoma Federal Judge Bars Pilot's Testimony In Products Liability Lawsuit

TULSA, Okla. - Rendering moot a federal magistrate judge's report and recommendation that a pilot's expert testimony in an aviation negligence and products liability lawsuit should be partially excluded under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), an Oklahoma federal...

Mealey's PI/Product Liability - Lead Plaintiffs Seek Class Certification In Puma Biotech Securities Suit

SANTA ANA, Calif. - Lead plaintiffs in a securities class action lawsuit against a drug maker and certain of its executive officers asked a federal judge in California on March 15 to certify a class of investors, arguing that class certification is statutorily appropriate (Hsingching Hsu v. Puma Biotechnology...

Mealey's PI/Product Liability - Couple Can Amend Fraud, Building Code Violation Allegations, Judge Rules

TAMPA, Fla. - A couple claiming that the defective construction of their home allowed for water infiltration and mold growth that led to the death of their daughter can amend their allegations that the home builder violated the Florida Building Code and engaged in fraud, a federal judge in Florida ruled...

Mealey's PI/Product Liability - Georgia Appeals Court Affirms Summary Judgment In Shooting Lawsuit

ATLANTA - A majority of the Georgia Court of Appeals on March 16 affirmed the grant of summary judgment to a mall where a man was shot and killed because his death was related to a fight he chose to be a part of, a danger of which the mall was not aware (Michael Fair, et al. v. CV Underground LLC, et...

Mealey's PI/Product Liability - Federal Judge Declines To Bar Testimony On Accident Scenario In Personal Injury Suit

SHREVEPORT, La. - A licensed mechanical and biomedical engineer relied on a sufficient methodology and factual basis to testify in support of proving that an accident scenario "is physically possible," a Louisiana federal judge ruled March 15, declining to exclude the testimony in a personal...

Mealey's PI/Product Liability - Panel: No Error In Admission Of Doctor's Testimony On Treatment After Collision

TYLER, Texas - A judge did not err in allowing a physician's testimony that a woman involved in a car accident needed "neurotomies, stem cell injections, and topical cream," a Texas appeals panel held March 15, because it was reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509...

Mealey's PI/Product Liability - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell...

Mealey's PI/Product Liability - Judge Refuses To Strike Widow's Expert's Testimony On Access To Data

CHICAGO - A federal judge in Illinois overseeing a trial claiming that a former Reed Smith partner's use of the antidepressant Paxil caused him to commit suicide in 2010 on March 20 denied the drug maker's motion to strike portions of testimony from a plaintiff's expert of the amount of data...

Mealey's PI/Product Liability - Heeding Presumption Rejected In Tobacco User's New York Asbestos Lung Cancer Trial

NEW YORK - A New York justice refused to impose a heeding presumption in an asbestos trial in an opinion posted March 20, saying that absent evidence that a cigarette user who ignored tobacco warnings would have acted differently in the asbestos context, she would not impose such a standard (Donna Castorina...

Mealey's PI/Product Liability - Federal Judge Excludes Engineer's Testimony On Safety In Area At Sea World

SAN DIEGO - A safety engineer and accident reconstruction expert may not testify regarding Sea World LLC's liability relating to the safety of an area at the time of a woman's accident while visiting the park, a California federal judge held March 17 (Eusebia Baltazar v. Sea World Parks Entertainment...

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

CHICAGO - A federal magistrate judge in Illinois on March 20 denied summary judgment to a hardware store in a negligence and premises liability suit after finding that the store owed a duty of care to a man who injured himself while loading PVC pipes into a cart because his injury was reasonably foreseeable...

Mealey's PI/Product Liability - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts...

Mealey's PI/Product Liability - Lack Of Causation Evidence Fatal To Man's Suit Against BP, Judge Rules

NEW ORLEANS - BP Exploration and Production Inc. and BP America Production Co. (collectively, BP) were awarded summary judgment by a federal judge in Louisiana on March 20 after she found that a man was unable to produce evidence that his exposure to dispersants during cleanup activities following the...

Mealey's PI/Product Liability - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New...

Mealey's PI/Product Liability - Former NECC Head Found Not Guilty Of Murder In Fungal Meningitis Outbreak

BOSTON - A Massachusetts federal jury on March 22 found the former head of the New England Compounding Center (NECC) not guilty of murder in connection with a deadly fungal meningitis outbreak tied to contaminated compounded drugs, but found him guilty of racketeering and fraud (United States of America...

Mealey's PI/Product Liability - 3rd Circuit Overturns Merck's Preemption Win In Fosamax Cases

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on March 22 reversed a federal judge in New Jersey's ruling awarding summary judgment to the maker of the osteoporosis drug Fosamax, finding that the manufacturer was unable to produce evidence showing that the Food and Drug Administration...

Mealey's PI/Product Liability - Maryland Appeals Panel Affirms Summary Judgment In Wrongful Death Suit

ANNAPOLIS, Md. - A Maryland Court of Special Appeals panel on March 21 affirmed a grant of summary judgment in favor of the parent and grandparent corporation of a hospital in a wrongful death suit because under Maryland law, parent and grandparent corporations are not responsible for establishing hospital...

Mealey's PI/Product Liability - Without Expert Testimony, Judge Grants Judgment On Product Liability Claims

HARTFORD, Conn. - Finding that a plaintiff's expert is not qualified to testify about "handheld circular saw safety, the efficacy or necessity of riving knives on such products, or the sufficiency of warning labels" to support design defect and failure-to-warn claims, a Connecticut federal...

Mealey's PI/Product Liability - New York Justice Consolidates 11 Asbestos Cases Into 4 Trial Groups

NEW YORK - Rejecting both plaintiffs' larger proposed trial groups and concern of prejudice by defendants, a New York justice in an opinion posted March 21 found that 11 cases' similarities warranted four trial groups and two separate trials (Walter Cunningham, et al. v. Aerco Intl., et al.,...