LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Defendant In Fungal Meningitis Outbreak Gets Access To Government's Trial Exhibits

BOSTON - The United States on May 9 was ordered to turn over a trial binder and PowerPoint to the former head of the New England Compounding Center (NECC), who is challenging his conviction related to a fungal meningitis outbreak linked to drugs compounded at his company (United States of America v....

Mealey's PI/Product Liability - Appeals Court Says 3rd Settlement Agreement Bars Construction Defects Claims

MINNEAPOLIS - The last of three settlement agreements between a homeowners association and Pulte Homes of Minnesota LLC barred a lawsuit seeking additional damages from alleged construction defects, a Minnesota Court of Appeals panel ruled May 10, finding that the language of the last agreement was intended...

Mealey's PI/Product Liability - Idaho Supreme Court Allows Discovery Of Identity Of Consultants

BOISE, Idaho - In a unanimous decision, the Idaho Supreme Court on May 11 found that a trial court erred by denying a motion to reveal the identity of a non-testifying witness who helped the plaintiffs' expert witness in a medical malpractice suit because the Idaho Civil Rules of Procedure allow...

Mealey's PI/Product Liability - Texas Appeals Court: Mexican Shingle Maker Has Sufficient Contacts With State

SAN ANTONIO - An appeals panel in Texas on May 10 affirmed a trial court's finding that it has jurisdiction over a lawsuit brought against a Mexico-based manufacturer accused of selling defective shingles, finding that the company reasonably expected to do business in Texas (Laproba El Aguila SA...

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

ATLANTA - A Georgia appellate panel on May 10 affirmed summary judgment in favor of a man who owns a franchise of a Chick-fil-A after finding that a woman who slipped and injured herself in the restaurant did not show that the owner had knowledge of the hazard (Latasha Hartman v. David Clark, No. A17A1023...

Mealey's PI/Product Liability - DePuy Pinnacle Hip Appeal Stayed Pending Trial Court Post-Trial Rulings

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 11 stayed briefing in an appeal of a $500 million multiplaintiff DePuy metal-on-metal hip verdict pending rulings by the trial court on the defendant's motions for a new trial and judgment as a matter of law (Rosa Metzler, et al. v. DePuy...

Mealey's PI/Product Liability - U.S. High Court Won't Review Denial Of FDA Citizen Petition Filed By Law Firm

WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a plaintiff law firm petition to review the Food and Drug Administration's denial of its citizen petition seeking a black box warning about gynecomastia in adolescent males allegedly caused by two antipsychotic drugs (Sheller, P.C. v. United...

Mealey's PI/Product Liability - Unfair Competition Claims OK'd, But Judge Says No Relief Due In Surgical Gown Case

LOS ANGELES - A California federal judge on May 15 said a class representative proved that two defendants violated California's unfair competition law (UCL) by selling defective surgical gowns, but denied the plaintiff's request for restitution and injunctive relief given a jury's $454 million...

Mealey's PI/Product Liability - FDA: 2 Studies Confirm Leg/Foot Amputation Risk From Invokana Diabetes Drug

SILVER SPRING, Md. - The Food and Drug Administration on May 16 issued a drug safety communication warning about an increased risk of leg and foot amputation associated with the diabetes drug Invokana.

Mealey's PI/Product Liability - Oregon Supreme Court Rules Loss-Of-Chance Applies In Medical Negligence Suits

SALEM, Ore. - The Oregon Supreme Court on May 11 found that a lower court erred in affirming a decision to dismiss a medical negligence suit because the loss-of-chance theory applies in medical negligence cases and remanded the suit to the circuit court for further proceedings (Joseph L. Smith v. Providence...

Mealey's PI/Product Liability - Judge Intends To Deny Acquittal, New Trial Motions By Convicted NECC Head

BOSTON - A Massachusetts federal judge on May 16 said he intends to deny a motion for acquittal or a new trial to the former head of the New England Compounding Center (NECC) on the grounds of government misconduct after examining two trial exhibits the defendant said prejudiced him (United States of...

Mealey's PI/Product Liability - 5th Circuit Affirms That Abilify Tardive Dyskinesia Claim Is Prescribed By State Law

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 17 affirmed a district court's finding that a plaintiff's neurological injury claim involving the atypical antipsychotic drug Abilify was filed too late (Cory Jenkins v. Bristol-Myers Squibb Company, et al., No. 16-31133, 5th Cir.,...

Mealey's PI/Product Liability - Summary Judgment Partially Reversed In Premises Liability Suit

HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on May 17 reversed summary judgment granted to a hospital and its corporate owner in a premises liability suit after finding that two plaintiffs' claims were not based in medical negligence and that their engineering expert was qualified...

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

SHREVEPORT, La. - A Louisiana appellate panel on May 17 affirmed a defense verdict in a medical malpractice suit against a hospital and the trial judge's order denying the plaintiff's motion for judgment notwithstanding the verdict or, in the alternative, a new trial because the evidence presented...

Mealey's PI/Product Liability - Colorado Appeals Court: Setoff Should Be Applied To Verdict Before Limitation

DENVER - A Colorado appeals panel on May 18 reversed in part a trial court judge's decision to prevent a developer from obtaining a portion of a $9.5 million verdict entered against a grading company accused of breach of contract for providing services that resulted in defectively built homes, finding...

Mealey's PI/Product Liability - High Court Refuses To Take Up Shingle Maker's Appeal Over Arbitration

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a shingle manufacturer's petition for a writ of certiorari seeking review of a Missouri appellate panel's ruling that an arbitration clause was not enforceable because purchasers never agreed to arbitrate their claims with the company...

Mealey's PI/Product Liability - Testosterone MDL Judge Denies Late Limitations Defenses In 1st Bellwether Case

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 22 struck defendant AbbVie Inc.'s motion for summary judgment in the first bellwether trial after ruling that the defendant waived its statute of limitations and statute of repose...

Mealey's PI/Product Liability - Colorado High Court Reverses Ruling Allowing Attorney To Represent Homeowners

DENVER - A 4-3 Colorado Supreme Court on May 22 reversed a ruling allowing an attorney and her firm to represent homeowners accusing a developer and other contractors of construction defects, ruling that the judge improperly found that the matter was subject to issue preclusion rather than the subsequently...

Mealey's PI/Product Liability - HeartMate Heart Device Controllers Under Class I Recall After 26 Deaths

SILVER SPRING, Md. - The Food and Drug Administration on May 23 said Abbott-Thoratec has issued a Class I recall of its HeartMate II LVAS (left ventricular assist system) controller after receiving reports of 19 injuries and 26 deaths associated with the heart device.

Mealey's PI/Product Liability - All Testosterone Replacement Therapy Defendants Must Replead Affirmative Defenses

CHICAGO - In the wake of the raising of statute of limitations/statute of repose defenses at the 11th-hour of the first bellwether case, the Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on May 23 ordered non-AbbVie Inc. defendants to replead any affirmative...

Mealey's PI/Product Liability - Summary Judgment Granted In Smith & Nephew Legion Knee Case

FRESNO, Calif. - A California federal judge on May 23 granted summary judgment in a Smith & Nephew Inc. knee case, saying that the plaintiff failed to present much evidence to support his claims and that his rebuttals fell short (Ruben B. Merancio, et al. v. Smith & Nephew, Inc., et al., No....

Mealey's PI/Product Liability - Hernia Patch Case Dismissed For No Showing Of Causation, Product Defect

NEW YORK - A New York federal judge on May 22 dismissed a hernia patch lawsuit because the plaintiff failed to show that the device caused her alleged injuries and because she failed to allege that the device was defective (Judith Rincon v. Coviden, et al., No. 16-10033, S.D. N.Y., 2017 U.S. Dist. LEXIS...

Mealey's PI/Product Liability - Metal-On-Metal Hip Case Out On Illinois Statute Of Limitations Based On Admissions

PEORIA, Ill. - An Illinois federal judge on May 22 granted summary judgment to hip maker Smith & Nephew Inc. because the plaintiff's deposition testimony showed that she was aware of possible fault prior to the expiration of the statute of limitations (Doris R. Cochran v. Smith & Nephew,...

Mealey's PI/Product Liability - Missouri Appellate Panel Affirms Dismissal Of Medical Malpractice Suit

ST. LOUIS - A Missouri appellate panel on May 23 found that a trial court was right to find that claims brought by a woman were based in medical malpractice and to dismiss those claims because they were barred by the state's two-year-statute of limitations (Christina McCormick v. Centerpoint Medical...

Mealey's PI/Product Liability - Appeals Court Vacates Damages Awarded To Couple For Alleged Construction Defects

SEATTLE - A Washington appeals panel on May 22 vacated a trial court judge's decision to award $9,772.50 in damages to a couple who accused their home builder of defective construction, holding that the builder's failure to complete a cedar fence and issues with the kitchen cabinets and trim...