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Mealey's PI/Product Liability - Rhode Island Judge: Knowledge, Skills Permit Expert Causation Testimony

PROVIDENCE, R.I. - An expert's knowledge and skills give him sufficient basis to testify regarding the cause of a man's mesothelioma, a judge in Rhode Island held June 9 in rejecting the need for narrow specialization (Rosie K. Sweredoski, et al. v. Alfa Laval Inc., et al., No. 2011-1544, R.I...

Mealey's PI/Product Liability - 3 Tennessee District Attorneys General Sue Opioid Makers Over Addiction Epidemic

KINGSPORT, Tenn. - Three district attorneys general in Tennessee and the guardian ad litem of a baby born addicted to opioids on June 13 sued the three leading manufacturers of the drugs, as well as two convicted dealers of the drugs, blaming them for the opioid addiction epidemic in their portion of...

Mealey's Labor & Employment - City Colleges Of Chicago Settles EEOC Age Bias Lawsuit For $60,000

CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a 66-year-old adjunct professor who was passed over for a full-time faculty position because of her age, the EEOC announced in a June...

Mealey's PI/Product Liability - Minnesota Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit

ST. PAUL, Minn. - A Minnesota appellate panel on June 12 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing the defendants' experts to testify (Anita J. Howard v. Shelly R. Svoboda, M.D., et al., No. A16-1232, Minn. App., 2017 Minn...

Mealey's PI/Product Liability - Court Reverses Forum Ruling Where Plaintiff Couldn't Solidly Identify Exposure

CHICAGO - A trial judge erred in denying forum non conveniens transfer where the plaintiff was at best equivocal regarding his exposure in his chosen forum, an Illinois appeals court held June 13 (Irvin Rohl and Marlene Rohl v. Borg Warner Corp., et al., No. 2016 L 676, Ill. App., 1st Dist., 2017 Ill...

Mealey's PI/Product Liability - Texas Appeals Court Affirms Verdict Against Maker Of Defective Concrete

FORT WORTH, Texas - A Texas appellate court panel on June 15 affirmed a jury's verdict finding that a concrete manufacturer should indemnify a contractor that installed concrete that was defectively made, holding that the trial court judge did not err when striking the manufacturer's expert testimony...

Mealey's PI/Product Liability - Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

HARRISBURG, Pa. - In an unpublished opinion, a panel of the Pennsylvania Superior Court on June 13 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing defense witnesses to testify to a doctor's reputation and that the expert witnesses...

Mealey's PI/Product Liability - Texas Appeals Panel Dismisses University Hospital Doctors From Malpractice Suit

HOUSTON - A Texas appellate court on June 15 found that a trial court erred in denying a motion to dismiss doctors who work for The University of Texas M.D. Anderson Cancer Center from a medical malpractice suit because Texas law requires the dismissal the employees of a state-run institution (James...

Mealey's PI/Product Liability - Parties In Fluidmaster MDL To Hold July 14 Settlement Conference

CHICAGO - The federal judge in Illinois presiding over a multidistrict litigation for lawsuits claiming that coupling nuts and hoses in water supply lines made by Fluidmaster Inc. are defective on June 14 stated that the parties will meet for a settlement conference on July 14 (In re: Fluidmaster, Inc...

Mealey's PI/Product Liability - Shareholders Pleaded Scienter In Securities Suit Against Drug Maker, Judge Rules

SEATTLE - Shareholders in a securities class action lawsuit against a developmental pharmaceutical company and certain of its executive offices have properly pleaded a material misrepresentation at this point in the litigation and scienter in alleging that the defendants misrepresented the clinical trial...

Mealey's PI/Product Liability - U.S. High Court Strikes State Court Specific Jurisdiction In Plavix Injury Cases

WASHINGTON, D.C. - In an 8-1 opinion, the U.S. Supreme Court on June 19 said California state courts do not have specific jurisdiction over the claims of 592 non-state residents who sued Bristol-Myers Squibb Co. (BMS) in state court, alleging that the antiplatelet drug Plavix caused gastrointestinal...

Mealey's PI/Product Liability - Plaintiff Moves For Approval Of $7 Million Settlement In Medical Negligence Suit

JACKSONVILLE, Fla. - A woman on June 15 filed a motion asking a federal judge in Florida to approve a $7 million settlement between her and the United States for brain damage her husband sustained during a two routine procedures at a naval hospital in Florida (Christina L. Hollis v. The United States...

Mealey's PI/Product Liability - Federal Judge Dismisses Trademark Infringement Suit Against Tobacco Shop

MIAMI - A federal judge in Florida on June 15 denied a pipe maker's motion for default final judgment and dismissed the trademark infringement suit without prejudice because the court does not have jurisdiction to hear the suit (Sream Inc. v. Hookah, Tobacco And Sun Inc., No. 17-CV-2020701, S.D....

Mealey's PI/Product Liability - Delaware Judge Finds Product Identification Evidence Lacking

WILMINGTON, Del. - Evidence that a company did not manufacture the type of fully assembled brake product a witness identified frees the company from an asbestos action, a judge in Delaware held June 14 (Amanda Dullinger and Stephen Dullinger v. American Honda Motor Co., et al., No. N15C-04-281, Del....

Mealey's PI/Product Liability - New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections

NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court...

Mealey's PI/Product Liability - Federal Jury Finds Surgeon Not Negligent In Medical Malpractice Suit

BALTIMORE - A federal jury in Maryland on June 15 found that a doctor was not negligent and did not breach the standard of care to a patient who sued him following a botched surgery (Collins v. Juan Arrisueno, M.D., et al., No. 1:13-CV-55, D. Md.).

Mealey's PI/Product Liability - PEX Pipe Maker Removes Suit Filed By Pulte Homes Over Ruptures

SAN ANTONIO - NIBCO Inc. on June 19 removed to Texas federal court a lawsuit filed by Pulte Homes of Texas L.P. claiming that PEX piping made by NIBCO is defective, arguing that complete diversity exists between the parties and because Pulte is seeking more than $75,000 in damages (Pulte Homes of Texas...

Mealey's PI/Product Liability - Kentucky Appeals Panel Affirms Summary Judgment In Premises Liability Suit

LEXINGTON, Ky. - A Kentucky appellate panel on June 16 affirmed a premises liability suit in favor of a homeowners association, its board members and a couple who owned a home after finding that none of the defendants owed a woman who injured herself on a sidewalk a duty to protect her (Frances Brooks...

Mealey's PI/Product Liability - Majority Reverses Denial Of Summary Judgment In Negligence Suit

INDIANAPOLIS - An Indiana appellate panel on June 19 found that a trial court erred in denying summary judgment for a group of local government defendants in a negligence suit after the majority found that the defendants did not have a duty to protect a man who died after contracting a deadly, brain...

Mealey's PI/Product Liability - Home Builder Agrees To Pay Penalty, Obtain Permits For Storm Water Discharges

NEWARK, N.J. - NVR Inc., doing business as Ryan Homes, on June 15 agreed to pay a $425,000 civil penalty and agreed to obtain National Pollutant Discharge Elimination System (NPDES) permits to resolve allegations from the federal government that the home builder was violating the Clean Water Act (United...

Mealey's PI/Product Liability - Judge Finds Negligent Failure-To-Warn Asbestos Claim Outside Scope Of Removal

NEW ORLEANS - Asbestos plaintiffs' claims that a shipyard negligently failed to warn about the dangers of asbestos on its premises do not create a colorable defense or causal nexus required for removal, a federal judge in Louisiana held June 19. The shipyard filed a notice of appeal on June 20 (Victor...

Mealey's PI/Product Liability - 4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows

RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer...

Mealey's PI/Product Liability - Missouri Judge Declares Mistrial In Talcum Powder Suit After Supreme Court Ruling

ST. LOUIS - A Missouri state court judge on June 20 declared a mistrial in a suit brought by three plaintiffs claiming that they or their family members developed ovarian cancer after using talcum powder sold by Johnson & Johnson, a day after the U.S. . Supreme Court issued its ruling in Bristol...

Mealey's PI/Product Liability - Texas Appeals Court Upholds Ruling Finding Homeowner Failed To Provide Notice

HOUSTON - A Texas appeals panel on June 20 upheld a ruling awarding summary judgment to a home builder after finding that a homeowner failed to provide the required presuit notification pursuant to the Residential Construction Liability Act (RCLA) (Vision 20/20, Ltd. v. Cameron Builders, Inc., No. 14...

Mealey's PI/Product Liability - Arizona Supreme Court Abolishes Test For Abuse Claims

PHOENIX - The Arizona Supreme Court on June 20 unanimously found that a trial court erred in granting a doctor and a nursing home summary judgment in a suit where a woman allegedly died because of their abuse and negligence and abolished the four-part test for determining whether a claim under the state...