LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Illinois Appellate Panel: Evidence Favored Doctor In Medical Malpractice Suit

ELGIN, Ill. - An Illinois appellate panel on Jan. 9 found that a trial court correctly denied a plaintiff's motion for judgment notwithstanding the verdict or for a new trial in a medical malpractice suit because the plaintiff failed to raise objections during the trial (Katherine Sondergaard v....

Mealey's PI/Product Liability - Taxotere MDL Judge Says Brand Name, Generic Drugs Are Part Of Litigation

NEW ORLEANS - The Louisiana federal judge overseeing the Taxotere hair loss multidistrict litigation on Jan. 11 told liaison counsel that the Judicial Panel on Multidistrict Litigation (JPMDL) intends that claims against generic drug manufacturers be included in the MDL (In Re: Taxotere [Docetaxel] Products...

Mealey's PI/Product Liability - New York Justice Denies Motion Seeking Exclusion Of Every-Exposure Testimony

NEW YORK - Experts in an asbestos case may make qualitative evaluations regarding exposure and need not precisely identify the quantity of exposure, a New York justice held in a Jan. 9 opinion denying defendants' wide-ranging motion (In re New York City Asbestos Litigation, Geraldine Andrews, et...

Mealey's PI/Product Liability - New York Court Finds Control Over Worksite, Reinstates Asbestos Verdict

NEW YORK - A power company's specification that contractors use asbestos and its ability to prevent the related injuries allow it to be held liable under New York Labor Law Section 200, a divided New York appellate court held Jan. 10 (Phyllis Brown, et al. v. A.O. Smith Water Products, et al., No...

Mealey's PI/Product Liability - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No...

Mealey's PI/Product Liability - Judge Adopts Magistrate Judge Report Granting Judgment For Pump, Boiler Maker

WILMINGTON, Del. - The Third Circuit U.S. Court of Appeals recently rejected the foreseeability standard plaintiffs seek in an asbestos action, a Delaware judge federal held Jan. 9 in adopting a magistrate judge's recommendation that two motions for summary judgment be granted (Jimmy R. Mitchell...

Mealey's PI/Product Liability - Panel Finds No Error In Accident Reconstruction Expert Testimony Admission

JACKSON, Miss. - Finding no error in the admission of accident reconstruction expert testimony, a Mississippi appeals panel on Jan. 10 affirmed the felony conviction of a woman for her drunken driving, which caused a death (Sara Jane Koch a/k/a Sarah Koch a/k/a Sara J. Koch v. State of Mississippi, No...

Mealey's PI/Product Liability - Judge: Investor Failed To Plead Demand Futility Under Either Prong Of Aronson

LOS ANGELES - An investor in a shareholder derivative lawsuit against 17 current and former executive officers and directors of a drug company has failed to show that the defendants were interested in the outcome of the litigation or that their actions were in violation of the business judgment rule...

Mealey's PI/Product Liability - Shire $350M Settlement Said To Be Largest For Medical Device False Claims

WASHINGTON, D.C. - In what the U.S. Justice Department calls the largest False Claims Act recovery in a medical device kickback case, Shire Pharmaceuticals LLC and certain subsidiaries will pay $350 million to settle federal and state allegations that the defendants paid remuneration to health care providers...

Mealey's PI/Product Liability - Zimmer Biomet To Pay $30.4M To Settle Foreign Bribery Claims By United States

WASHINGTON, D.C. - Orthopedic device maker Zimmer Biomet Holdings Inc. and an indirect subsidiary will pay $30.4 million to resolve criminal charges that they violated the Foreign Corrupt Practices Act (FCPA) by paying bribes to people in Mexico and for violating a 2012 deferred prosecution agreement...

Mealey's PI/Product Liability - 1st Circuit Affirms Dismissal Of Yasmin Blood Clot Suit For Attorney Neglect

CHICAGO - The First Circuit U.S. Court of Appeals on Jan. 13 affirmed dismissal of a Yasmin blood clot lawsuit, citing admission by the plaintiff's attorneys that did "mostly nothing" to warrant keeping the lawsuit active (Jennifer Dzik v. Bayer Corporation, et al., No. 16-1333, 7th Cir...

Mealey's PI/Product Liability - Baxter Healthcare Pays $18.15M For Manufacturing Violations, False Claims

ASHEVILLE, N.C. - Baxter Healthcare Corp. has agreed to pay $18.15 million in criminal and civil penalties to resolve allegations that it continued to manufacture and sell intravenous (IV) solutions made in a clean room outfitted with moldy air filters, the U.S. Justice Department announced Jan. 12 ...

Mealey's PI/Product Liability - Attorneys Waived Privilege Over PowerPoint Presentations, Judge Rules

CHARLESTON, S.C - The contents of two PowerPoint presentations made by attorneys during town hall meetings held to persuade homeowners to join a proposed class action suit against the builders of their homes over alleged construction defects waived any work product protection over the information, a...

Mealey's PI/Product Liability - Lifepak 1000 AED Power Problem Resulted In 8 Adverse Events, Company Says

REDMOND, Wash. - Physio-Control Inc. on Jan. 13 initiated an immediate voluntary field action after receiving 34 reports that the company's Lifepak 1000 automatic external defibrillators (AEDs) shut down due to an electrical connection problem, according to a company announcement.

Mealey's PI/Product Liability - U.S. Supreme Court Accepts FELA Jurisdiction Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear the appeal of two consolidated personal injury cases in which the employer, BNSF Railway Co., has asked the high court to decide whether a state court may decline to follow the decision in Daimler AG v. Bauman (134 S. Ct. 746 [2014]...

Mealey's PI/Product Liability - Supreme Court Grants Certiorari In Patent Dispute Over Biologics

WASHINGTON, D.C. - In its Jan. 13 orders list, the U.S. Supreme Court announced that it will hear a closely watched dispute between two drug makers over their competing interpretations of several provisions of the Biologics Price Competition and Innovation Act (BPCIA) (Sandoz, Inc. v. Amgen, Inc., No...

Mealey's PI/Product Liability - Drug Distributor McKesson Pays $150M, Suspends Some Sales For Opioid Orders

WASHINGTON, D.C. - Drug distributor McKesson Corp. will pay a $150 million civil penalty and will suspend sales of controlled substances in three states for alleged repeated violations of the Controlled Substances Act, the U.S. Justice Department said in a Jan.17 press release.

Mealey's PI/Product Liability - No Settlement Of Surgical Gown State Class Action Ahead Of March 28 Trial

LOS ANGELES - Seventy-two days before the start of a California class action trial involving MicroCool surgical gowns, the parties on Jan. 16 reported to a California federal judge that "[d]espite the best efforts of the parties, they have been unable to settle the case" (Hrayr Shahinian, M...

Mealey's PI/Product Liability - Arizona Appellate Panel Vacates Summary Judgment In Electrocution Suit

PHOENIX - An Arizona appellate panel on Jan. 12 vacated a trial court's order granting summary judgment for a banquet hall after finding that a jury could find that a repairman who was electrocuted was not warned about an HVAC unit that still had power and that the danger may not have been an open...

Mealey's PI/Product Liability - Genuine Issues Exist As To When Masonry Defects Were Discovered, Judge Finds

BALTIMORE - A federal judge in Maryland on Jan. 17 denied a masonry subcontractor's motion for summary judgment in a breach of contract suit, ruling that genuine issues of fact remain as to when potential defects in the installation of a masonry facade that collapsed in April 2013 were known (Skanska...

Mealey's PI/Product Liability - Michigan Appeals Panel Finds Hazard Open And Obvious In Premises Liability Suit

LANSING, Mich. - A Michigan appellate panel on Jan. 17 found that a sunken drainage ditch on a gas station's property that caused injury to a biker was an open and obvious hazard and remanded the suit to the trial court with an order to grant summary judgment to the gas station owner (William Basacchi...

Mealey's PI/Product Liability - Panel Certifies 2 Questions To N.Y. High Court In Dispute Arising From 9/11 Attacks

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 19 certified two questions to the New York Court of Appeals in a dispute over whether a public benefit corporation has the capacity to challenge as unconstitutional a New York statute that revived claims against public corporations for personal...

Mealey's PI/Product Liability - U.S. Supreme Court To Rule On Jurisdiction In California Plavix Injury Cases

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 19 granted certiorari to drug maker Bristol-Myers Squibb Co. (BMS) on whether Plavix injury claims can arise in California state courts when there is no causal link between BMS's forum contact and the plaintiffs' claims (Bristol-Myers Squibb Company...

Mealey's PI/Product Liability - Mallinckrodt Disgorges $100M, Licenses Competing Drug Under FTC/States Settlement

WASHINGTON, D.C. - British drug maker Mallinckrodt ARD Inc. will disgorge $100 million in profits to settle a complaint by the U.S. Federal Trade Commission and five states that it purchased the rights to a competing drug to have a monopoly, then raised the price of the drug by 85,000 percent, the FTC...

Mealey's PI/Product Liability - Pennsylvania Appellate Panel Reinstates Suit Over Hospital's Alleged Negligence

HARRISBURG, Pa. - A Pennsylvania's Superior Court panel on Jan. 17 found that a hospital was entitled to limited immunity under Pennsylvania's Mental Health Procedure Act (MHPA) but said that immunity is moot because a woman who sued the hospital after her suicidal daughter was allowed to leave...