LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Panel Reverses, Says Hotel Owed Duty Of Care To Woman Who Was Raped

CHICAGO - An Illinois appellate panel on May 2 reversed and remanded a personal injury case against a hotel franchise, determining that there was evidence that the hotel did not honor its duty of care to a woman who was raped while staying at the hotel (Karla Gress, et al. v. Lakhani Hospitality Inc...

Mealey's PI/Product Liability - Admission Of Radiologist's Opinions Upheld In Woman's Injury Suit Against Police

RICHMOND, Va. - A trial court did not abuse its discretion in allowing a radiologist to offer expert opinions on whether a woman had osteoporosis at the time she was allegedly injured by police during an altercation in her home, the Fourth Circuit U.S. Court of Appeals found May 2 in an unpublished per...

Mealey's PI/Product Liability - Defense Verdict Returned In 2nd Connecticut Pradaxa Bellwether Trial

HARTFORD, Conn. - A Connecticut state court jury on May 7 returned a verdict for Boehringer Ingelheim Pharmaceuticals Inc. in the state's second Pradaxa bellwether trial (Mary Lou Gallam v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. CPL-HHD CV-16-6067874-S, Conn. Super., Hartford Jud...

Mealey's PI/Product Liability - New York Appeals Court Affirms Summary Judgment In Zimmer Knee Case

ROCHESTER, N.Y. - A New York state appeals court panel on May 4 affirmed summary judgment in a Zimmer knee prosthesis case, saying the plaintiff presented no evidence of a manufacturing defect (Esther Cassatt v. Zimmer, Inc., et al., No. 487 CA 17-01174, N.Y. Sup., App. Div., 4th Dept., 2018 N.Y. App...

Mealey's PI/Product Liability - Woman Sues New Jersey Insurance Guaranty Association For Benefits

NEWARK, N.J. - A New Jersey woman on May 4 filed a personal injury lawsuit on behalf of herself and her son against the state's insurance guaranty association for injuries sustained as pedestrians caused by an unidentified motor vehicle (Marianela Lucero v. New Jersey Property Liability Insurance...

Mealey's PI/Product Liability - 6 NECC Defendants Won't Have Deaths, Injuries Used Against Them In Bad Drug Trial

BOSTON - The Massachusetts federal judge overseeing the New England Compounding Center (NECC) criminal case on May 7 granted a motion by six of the nine remaining defendants to exclude evidence from their Oct. 4 trial about patient deaths and injuries from contaminated methylprednisolone acetate (MPA...

Mealey's PI/Product Liability - Opioid MDL Judge Wants To Know About Litigation Financing

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on May 7 ordered attorneys to disclose in camera if they have obtained or will obtain third-party contingent litigation financing (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D...

Mealey's PI/Product Liability - Massachusetts High Court: MIT Did Not Have Duty To Prevent Student's Suicide

BOSTON - The Massachusetts Supreme Judicial Court on May 7 ruled that the Massachusetts Institute of Technology (MIT) and members of its faculty did not breach a duty of care to a graduate student by preventing him from committing suicide in 2009 (Dzung Duy Nguyen v. Massachusetts Institute of Technology...

Mealey's PI/Product Liability - 3 VA Health Care Employees Indicted For Conspiracy, Graft Related To Allografts

GREENVILLE, S.C. - Three federal Veterans Affairs health clinic employees were indicted May 8 in the U.S. District Court for the District of South Carolina for conspiracy and graft for allegedly taking money and gifts from allograft maker MiMedx Group Inc. in exchange for buying or recommending the company's...

Mealey's PI/Product Liability - Panel 'Regretfully' Finds Suit Over Lieutenant's Death Is Barred By Feres Doctrine

SEATTLE - The Ninth Circuit U.S. Court of Appeals on May 7 affirmed a lower court's finding that a tort lawsuit brought against the United States for the death of a Navy lieutenant due to a complication following childbirth is barred by the jurisdictional bar recognized in Feres v. United States...

Mealey's PI/Product Liability - Tribe's Suit Against Big Pharma Moved To Opioid MDL Docket

CLEVELAND - Another lawsuit filed by a Native American tribe seeking to hold drug manufacturers and distributors accountable for the national opioid crisis is among the latest batch of suits transferred May 8 to a multidistrict litigation docket in Ohio federal court that now contains nearly 700 cases...

Mealey's PI/Product Liability - Panel Finds Manager Did Not Have Sufficient Time To Remedy Spill

ATLANTA - After finding that a store manager did not have a reasonable amount of time between being notified of a spill and a customer's fall, a Georgia appeals court on May 7 reversed a trial court's ruling denying a grocery store's motion for directed verdict (Bi-Lo, LLC v. Green, et al...

Mealey's PI/Product Liability - West Virginia High Court: Levaquin Maker Not Liable For Injury By Generic Drug

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on May 11 ruled that state statutory law, case law, public policy and legal precedent do not allow the manufacturer of the antibiotic Levaquin to be sued for injuries allegedly caused by the drug's generic version, levofloxacin (Kimmy...

Mealey's PI/Product Liability - Supreme Court Grants Review In Maritime Bare-Metal Asbestos Case

WASHINGTON, D.C. - The Supreme Court on May 14 agreed to review a Third Circuit U.S. Court of Appeals ruling that maritime law permits holding a manufacturer liable for third-party asbestos-containing replacement parts (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., No. 17-1104, U...

Mealey's PI/Product Liability - After United States Intervenes, Judge Unseals 5 Opioid Whistleblower Complaints

LOS ANGELES - A California federal judge on May 11 unsealed five whistle-blower lawsuits alleging that Insys Therapeutics paid kickbacks for doctors to prescribe its opioid drug Subsys (United States of America, et al., ex rel. Maria Guzman v. Insys Therapeutics, Inc., et al., No. 13-5861, United States...

Mealey's PI/Product Liability - California Federal Judge Again Finds No 'Joint Trial' Intent In State Lipitor Cases

SANTA ANA, Calif. - A California federal judge on May 10 remanded the cases of 4,321 Lipitor diabetes plaintiffs to state court, finding that nothing that was said or done by either the plaintiffs or California state judges in connection with a state coordinated Lipitor litigation meant that the plaintiffs...

Mealey's PI/Product Liability - Homeowners' Defects Suits Subject To Arbitration, Nevada High Court Rules

CARSON CITY, Nev. - The Nevada Supreme Court on May 10 reversed two rulings denying U.S. Home Corp.'s motion to compel arbitration, finding that the arbitration provisions in sales agreements and covenants, conditions and restrictions (CC&Rs) between the builder and buyer are enforceable under...

Mealey's PI/Product Liability - Judge Finds Couple Learned Of Window Defect In 2015, Finds Claims Timely

BATON ROUGE, La. - A couple's redhibition claim stating that windows manufactured by Jeld-Wen Inc. that were installed in their home are defective is not prescribed by the statute of limitations, a federal judge in Louisiana ruled May 11, because they did not learn about the alleged defect until...

Mealey's PI/Product Liability - Defective Ladder Defendants Win Judgment After Expert Testimony Excluded

ALLENTOWN, Pa. - After excluding expert testimony for lack of reliability and helpfulness, a Pennsylvania federal judge on May 10 awarded summary judgment to a ladder company and a big box retail chain in a personal injury action filed by a man who fell from a ladder (Benjamin White, et al. v. The Home...

Mealey's PI/Product Liability - West Virginia High Court: Zoloft Liability Can't Be Shown Without Experts

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on May 15 said the state's Zoloft mass tort court correctly granted summary judgment in two cases after the plaintiffs' experts could not testify and said the plaintiffs cannot rely on documents or the testimony of opposing experts...

Mealey's PI/Product Liability - 1st Bair Hugger Infection MDL Bellwether Trial Under Way In Minnesota Court

MINNEAPOLIS - The first bellwether trial in the Bair Hugger multidistrict litigation got under way on May 14 in Minnesota federal court (Louis Gareis, et al. v. 3M Company, et al., No. 16-4187, D. Minn.).

Mealey's PI/Product Liability - Washington Appeals Court Panel Finds Association's Defects Suit Timely

SEATTLE - A trial court judge's ruling awarding summary judgment to a developer's successor based on the statute of limitations was reversed May 14 by a Washington appeals panel that found that a condominium association's lawsuit under the Washington Condominium Act (WCA) was filed within...

Mealey's PI/Product Liability - Pella Removes Suit Over Leaky Windows, Cites Diversity, Excessive Damages

ALLENTOWN, Pa. - Pella Corp. says in a May 11 notice of removal that a man's state court lawsuit over windows and doors that were allegedly defective because they leaked belongs in federal court in Pennsylvania because he is seeking damages in excess of the $75,000 jurisdictional threshold and because...

Mealey's PI/Product Liability - Causation Opinions Stay In Suit Over Injuries Allegedly From Minor Accident

SOUTH BEND, Ind. - A woman's causation expert, who is a medical doctor and an attorney, can testify in a personal injury action that the woman's car was not going fast enough in a fender-bender accident to cause the spinal injuries of the man whose car she hit, an Indiana federal magistrate judge...

Mealey's PI/Product Liability - Defective Shingles Caused Leaks, Kitchen Damage, Couple Complains

CLEVELAND - An Ohio couple filed a lawsuit in state court on May 16 against the maker of shingles that were installed on their home, claiming that they were defective because they allowed the roof to leak, causing damage to their kitchen (Blanche Forman, et al. v. IKO Industries Inc., No. CV 18 897861...