LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Opioid False Claims Lawsuit Voluntarily Dismissed By Relator; U.S. Motion Still Sealed

SYRACUSE, N.Y. - A whistleblower on Nov. 30 was allowed by a New York federal court to voluntarily dismiss without prejudice her five-month-old federal False Claims Act lawsuit against six large opioid manufacturers in light of a federal government investigation, according to a court order (State of...

Mealey's PI/Product Liability - Medtronic Insulin Pump Case Dismissed As Preempted, But Plaintiff Can Refile

CAMDEN, N.J. - A New Jersey federal judge on Nov. 30 said that a plaintiff's claims involving an allegedly defective Medtronic Inc. insulin pump are preempted but that in light of the seriousness of the plaintiff's alleged injuries, the plaintiff can file an amended complaint to assert claims...

Mealey's PI/Product Liability - Document Production Ordered In Subrogation Suit Over Fire Caused By Water Heater

WICHITA, Kan. - A Kansas federal magistrate judge on Dec. 1 mostly granted motions to compel by a homeowners insurer and a water heater manufacturer, finding the parties' requested documents to be relevant to the product liability claims, related to a fire-causing water heater, and mostly nonprivileged...

Mealey's PI/Product Liability - About 180 Federal Opioid Cases Centralized In MDL Assigned To Ohio Court, Judge

WASHINGTON, D.C. - A federal judicial panel on Dec. 5 centralized almost 180 federal lawsuits against opioid manufacturers and distributers by cities, counties and state before U.S. Judge Dan A. Polster of the Northern District of Ohio (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804...

Mealey's PI/Product Liability - 9th Circuit Denies Try By Ex-InterMune CEO To Revisit Expert Witness Issue

SAN FRANCISCO - Former InterMune Inc. CEO W. Scott Harkonen, M.D., on Dec. 4 lost another attempt to vacate his 2009 wire fraud conviction when the Ninth Circuit U.S. Court of Appeals said he and his trial counsel voluntarily decided not to present testimony by their own biostatistician and pulmonologist...

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

FRESNO, Calif. - In an unpublished opinion released Dec. 4, a panel of the Fifth District California Court of Appeal affirmed summary judgment in a premises liability suit after finding that the plaintiff did not show that employees of a county-run senior center did not have actual or constructive knowledge...

Mealey's PI/Product Liability - Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new...

Mealey's PI/Product Liability - Louisiana Appeals Court Affirms Judgment In Contractor's Favor In Defects Dispute

LAKE CHARLES, La. - A Louisiana appeals court panel on Dec. 6 affirmed a trial court judge's $1,125 award to a contractor accused of construction defects, finding that the evidence demonstrated that while the standards of the contractor's work were comparable to a "Volkswagen" rather...

Mealey's PI/Product Liability - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al...

Mealey's PI/Product Liability - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th...

Mealey's PI/Product Liability - Man Says Asbestos Law Doesn't Require Medical Opinion On 'Smoker' Status

COLUMBUS, Ohio - Requiring every asbestos lung cancer plaintiff who ever smoked tobacco to provide a medical expert opinion that the person doesn't qualify as a "smoker" would produce absurd results, burden nonsmokers and is at odds with a decade of precedent and the law's intent, a...

Mealey's PI/Product Liability - New Jersey Appeals Panel Orders New Trial in Premises Liability Suit

TRENTON, N.J. - In an unpublished opinion released Dec. 7, a two-judge panel of the New Jersey Superior Court Appellate Division of the Superior Court of New Jersey vacated a $434,000 verdict and ordered a new trial in a premises liability suit after finding that the verdict sheet was confusing to jurors...

Mealey's PI/Product Liability - Judge Finds Evidence Lacking In Laborer's Asbestos Case Against Union Carbide

DURHAM, N.C. - Two co-workers' inability to recall how a man could have been exposed to a defendant's product is the extent of a man's asbestos case and falls short of the regular, frequent, proximate standard for causation, a federal judge in North Carolina said Dec. 7 (Jonathan A. Queen...

Mealey's PI/Product Liability - Judge: Deleting Asbestos Claim Doesn't Eliminate Federal Jurisdiction

NEW ORLEANS - The presence of a second defendant entitled to federal jurisdiction means that despite proper elimination of claims against a shipyard, an asbestos case will stay in federal court, a federal judge in Louisiana held Dec. 6 (Diane Pitre, et al. v. Huntington Ingalls Inc., et al., No. 17-7029...

Mealey's PI/Product Liability - Judge: More Discovery Needed To Determine If Association's Defects Suit Is Timely

NEWARK, Del. - A Delaware judge on Dec. 7 deferred ruling on motions for summary judgment filed by two contractors, holding that more discovery is needed to determine if a construction defects lawsuit brought by a condominium owners association is barred by the statute of limitations (Crest Condominium...

Mealey's PI/Product Liability - Investor Group Named Lead Plaintiff In Drug Company's Stock Drop Suit

SAN FRANCISCO - An investor group is the most appropriate candidate for lead plaintiff because it has the largest financial stake in the litigation and meets all other statutory requirements to serve in the role, a federal judge in California ruled Dec. 8 in appointing the investor group as lead plaintiff...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Directed Verdict Decision In Car Crash Suit

HOUSTON - An appellate panel in Texas on Dec. 12 affirmed a trial court's decision to deny motions for directed verdict in a car crash suit after finding that the evidence supported the jury's finding that a city and a family were partially responsible for a car accident because of an obscured...

Mealey's PI/Product Liability - Lawyer Wants Action Seeking Asbestos Witness Coaching Deposition Reinstated

DALLAS - A judge stepped outside the bounds of a motion challenging jurisdiction and resolved merit questions, a woman told a Texas appeals court on Dec. 8 in asking it to reinstate her case seeking to obtain a copy of a deposition she claims will show an asbestos law firm coaching witnesses (Christine...

Mealey's PI/Product Liability - Texas Court Won't Reconsider $18.6M Verdict, Radiation-Asbestos Causation Issue

DALLAS - A Texas appeals court on Dec. 12 declined to once again wade into a dispute over whether a company preserved the right to appeal a ruling on the role radiation may have played in a man's lung cancer and the resulting $18.6 million asbestos verdict (The Goodyear Tire & Rubber Co. v. Vicki...

Mealey's PI/Product Liability - Magistrate Judge Finds Evidence Of Exposure To Original Vehicle Parts Sufficient

WILMINGTON, Del. - A man's testimony that he worked on his wife's new Ford Motor Co. Mustang is sufficient evidence on which to allege exposure to asbestos in originally installed parts, products the company had a duty to warn about, a federal magistrate judge in Delaware said Dec. 12 while granting...

Mealey's PI/Product Liability - Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit

MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it...

Mealey's PI/Product Liability - Medtronic Pays $12M To 5 States For Deceptive Marketing Of Infuse Bone Graft

BOSTON - Medtronic Inc. has agreed to pay $12 million to five states to resolve allegations that it engaged in deceptive marketing of the company's Infuse bone graft, according to a consent judgment entered Dec. 13 in the Suffolk County, Mass., Superior Court (Commonwealth of Massachusetts v. Medtronic...

Mealey's PI/Product Liability - Texas Appeals Court Says Judge Erred When Dismissing Couple's Defects Suit

AMARILLO, Texas - A trial court judge in Texas erred when dismissing a couple's construction defects and breach of contract suit against a builder for want of prosecution without providing proper notice, a state appeals court panel ruled Dec. 11 (Patrick Pence, et al. v. S&D Builders LLC, et...

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

SHREVEPORT, La. - A panel of the Second Circuit Louisiana Court of Appeal on Dec. 13 affirmed a trial court's decision to grant summary judgment to hotel in a suit where a woman who injured herself in her room's bathroom after being scared at seeing an infestation of ants because the woman could...

Mealey's PI/Product Liability - Federal Judge Grants Summary Judgment To Airlines In Premises Liability Suit

NEW YORK - A federal judge in New York on Dec. 12 granted summary judgment to two airlines after finding that an expert report presented by a woman who injured herself while walking on a plane is not sufficient under the Federal Rules of Evidence and that the hazard the woman injured herself on was open...