LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Georgia Appellate Court Affirms Decisions In Medical Malpractice Suit

ATLANTA - The en banc Georgia Court of Appeals in a 6-3 ruling on Nov. 18 affirmed a trial court's decision to allow a claim of ordinary negligence to be presented to the jury in a medical malpractice suit because there was enough evidence that indicated that ordinary negligence that had taken place...

Mealey's PI/Product Liability - Michigan Panel Affirms Summary Disposition For Health Care Facility In Slip, Fall

DETROIT - The danger presented by slipping and falling on a step is considered open and obvious, and a plaintiff failed to establish evidence creating a genuine issue of material fact that a health care facility's steps contained "special aspects making them unreasonably dangerous," a Michigan...

Mealey's PI/Product Liability - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of...

Mealey's PI/Product Liability - Former NFL Players Seek Change To CBA To Protect Living Players With CTE

FORT LAUDERDALE, Fla. - Thirty-eight former National Football League (NFL) players on Nov. 21 filed suit in Florida federal court against the league and the teams that comprise, claiming that they were not protected from the dangers of concussions and not warned about chronic traumatic encephalopathy...

Mealey's PI/Product Liability - 3rd Circuit: Judge's Standard Too Strict In Remanding Boeing Asbestos Case

PHILADELPHIA - Federal contractors must only present a colorable federal defense for removal and are not subject to a special standard requiring that they prove their case to prevail against a motion to remand, a Third Circuit U.S. Court of Appeals panel held Nov. 22 (Steven Papp, et al. v. Fore-Kast...

Mealey's PI/Product Liability - Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case

HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million...

Mealey's PI/Product Liability - 6th Circuit Denies Appeal Of Dow Breast Implant Order By Korean Claimants

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Nov. 23 affirmed a consent order that resulted in certain Korean women being denied injury claims from the Dow Corning Corp. silicone breast implant settlement (In Re: Settlement Facility Dow Corning Trust, Korean Claimants v. Debtor's Representatives...

Mealey's PI/Product Liability - 1st Circuit Affirms Dismissal Of Actos Prediabetes Off-Label False Claims Lawsuit

BOSTON - The First Circuit U.S. Court of Appeals on Nov. 22 affirmed dismissal of an Actos off-label whistle-blower lawsuit, agreeing with a lower court judge that the relator failed to plead that the alleged actions resulted in false claims being filed with state Medicare programs (Peter W. Lawton,...

Mealey's PI/Product Liability - Kentucky Appellate Panel Vacates Summary Judgment In Premises Liability Suit

FRANKFORT, Ky. - On remand from the state Supreme Court, the Kentucky Court of Appeals on Nov. 23 vacated a summary judgment order from a trial court in a premises liability suit after finding that a "land possessor's general duty of ordinary care is not eliminated simply because a hazard is...

Mealey's PI/Product Liability - Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question

HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No...

Mealey's PI/Product Liability - Calif. Court Upholds Evidence, Instructions On Way To Affirming Asbestos Verdict

LOS ANGELES - Asbestos plaintiffs themselves introduced irrelevant contract provisions about which they now complain, and any error arising from improper jury instructions regarding an employer's duty did not prejudice them, a California appeals court held Nov. 22 (Kenneth Evans, et al. v. American...

Mealey's PI/Product Liability - Plaintiffs In Pinnacle Hip Bellwether Trial Will Seek State Consumer Law Penalties

DALLAS - Six plaintiffs in an ongoing DePuy Pinnacle hip multidistrict litigation bellwether trial on Nov. 28 told a Texas federal court that after the verdict, they intend to ask the court to determine that defendant DePuy Orthopaedics Inc. violated California's unfair competition law (UCL) and...

Mealey's PI/Product Liability - Minnesota Jury Awards $7.55 Million In E. Coli Suit

MINNEAPOLIS - A Minnesota jury on Nov. 22 found that the company that owns a pumpkin patch was liable for the kidney damage a child suffered from contracting E. coli from a petting zoo at the pumpkin patch and awarded her and her family $7.55 million (Stephanie Heidish, et al. v. Dehn's Pumpkins...

Mealey's PI/Product Liability - Players Who Approve Of NFL Settlement Say Objectors Misrepresent Class Rep's Death

WASHINGTON D.C. - Former professional football players who support the settlement between themselves and the National Football League (NFL) tell the U.S. Supreme Court in a Nov. 22 supplemental brief that the players who object to the settlement are misrepresenting the death of one of the class representatives...

Mealey's PI/Product Liability - 4th Circuit Finds Judge Erred In Denying Center's Discovery Request

RICHMOND, Va. - A federal judge in Maryland erred when denying a medical center's request for discovery and awarding summary judgment to a builder accused of concealing construction defects, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 23, finding that the requested discovery could have...

Mealey's PI/Product Liability - Fungal Meningitis Defendant Wants Criminal Trial Continued To Review Evidence

BOSTON - A defendant facing federal murder charges in connection with the New England Compounding Center (NECC) fungal meningitis outbreak on Nov. 25 asked a Massachusetts federal court to continue his January trial, saying he is at a disadvantage because he only recently got access to discovery from...

Mealey's PI/Product Liability - 11th Circuit: Hip Plaintiff Missed Deadline By Withholding Service

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 28 agreed with a lower court that in filing a DePuy hip lawsuit but withholding service in hopes of a settlement, a plaintiff's claim was actually not initiated until after the applicable two-year statute of limitations (Maeola Goldthrip, et...

Mealey's PI/Product Liability - Judge Refuses To Remand Construction Defects Suit, Trims Claims

LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge...

Mealey's PI/Product Liability - Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit

SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App...

Mealey's PI/Product Liability - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the...

Mealey's PI/Product Liability - California High Court Finds Duty To Prevent Household Asbestos Exposures

SACRAMENTO, Calif. - California imposes a duty on employers and premises owners to prevent reasonably foreseeable asbestos exposures to household members, the state Supreme Court held Dec. 1 (Johnny Blaine Kesner v. Superior Court of California for the County of Alameda, No. S219534, Haver v. BNSF, No...

Mealey's PI/Product Liability - Georgia Top Court: Manufacturer Had No Duty To Warn Of Take-Home Exposures

ATLANTA - A manufacturer of asbestos-containing pipe had no duty to warn about the potential danger of take-home exposures, Georgia's top court held Nov. 30, while finding that such a duty would be impractical in practice and would unreasonably shift responsibility to the product user (CertainTeed...

Mealey's PI/Product Liability - Judge: Fact Issue Exists As To Whether Professional Services Exclusion Was In Policy

JONESBORO, Ark. - Ruling on dueling summary judgment motions, an Arkansas federal judge concluded Nov. 28 that there is a genuine factual dispute concerning whether a professional services exclusion was included in a commercial general liability insurance policy when an underlying injury occurred at...

Mealey's PI/Product Liability - $1B Verdict Returned In 6-Plaintiff Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Dec. 1 returned a verdict of more than $1 billion in favor of six plaintiffs in the second DePuy Pinnacle hip multidistrict litigation bellwether trial (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631...

Mealey's PI/Product Liability - Judge Dismisses Case, Finds Personal Jurisdiction Lacking In Asbestos Action

NEW ORLEANS - A company's uncontested evidence that it had no contacts in Louisiana overcomes conclusory statements and suffices for a finding that a court lacks personal jurisdiction over it, a federal judge in Louisiana held Nov. 30 (Breck Williams, et al. v. Rust Engineering & Construction...