LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Generic Drug Makers Named In Criminal, Civil Complaints For Price Fixing, Bid Rigging

PHILADELPHIA - On Dec. 14 and 15, separate criminal and civil complaints were filed in federal courts by the federal government and 20 states against two former executives and six generic drug manufacturers accusing them of conspiring to fix the prices, rig drug bids and allocate markets for the antibiotic...

Mealey's PI/Product Liability - Forest Labs To Pay $38M To Settle Kickback Allegations Involving 3 Drugs

WASHINGTON, D.C. - Forest Laboratories LLC and Forest Pharmaceuticals Inc. have agreed to pay $38 million to resolve civil allegations that they violated the federal False Claims Act by paying kickbacks to physicians to prescribe the drugs Bystolic, Savella and Namenda, the U.S. Justice Department said...

Mealey's PI/Product Liability - Florida Jury Awards Amputee $275,000 In Medical Malpractice Suit

WEST PALM BEACH, Fla. - A Florida jury on Dec. 15 awarded $275,000 to a man who had his leg amputated after finding that if a hospital had diagnosed his arterial blockage, the man's leg could have been saved (Stanley Rovner v. West Boca Medical Center, No. 2015-CA-004973, Fla. 15th Jud. Cir. Palm...

Mealey's PI/Product Liability - Texas Jury Renders Defense Verdict In Nursing Home Negligence Suit

DALLAS - A Texas state jury on Dec. 16 found that a nursing home and hospital were not responsible for the death of an elderly woman whose family filed a wrongful death and negligence suit after she developed bed sores and died from pneumonia (Greg Frausto v. Pennsylvania Rehab LP., et al., No. DC-12...

Mealey's PI/Product Liability - California Appeals Court Finds Homeowners' Arbitration Request Was Premature

SANTA ANA, Calif. - A California appeals panel on Dec. 15 affirmed a trial court judge's decision to deny without prejudice a motion to compel arbitration filed by homeowners accusing Froehlich Signature Homes Inc. of construction defects, finding that the consolidation of the plaintiffs' suit...

Mealey's PI/Product Liability - Colorado Appellate Panel Partially Affirms, Reverses Judgment In Gym Injury Suit

DENVER - A Colorado appellate panel on Dec. 29 partially reversed and partially affirmed a lower court's decision to grant summary judgment in a gym injury suit after finding the trial court partially erred by granting judgment for a gym on a member's Premises Liability Act (PLA) claim because...

Mealey's PI/Product Liability - Omnibus Summary Judgment Granted In Lipitor Diabetes MDL After Causation Rulings

CHARLESTON, S.C. - The South Carolina federal judge overseeing the Lipitor diabetes multidistrict litigation on Jan. 3 granted partial summary judgment to defendant Pfizer Inc., ordered all plaintiffs to show cause why he should not grant summary judgment in their cases and suggested that no more cases...

Mealey's PI/Product Liability - DePuy Pinnacle Hip MDL Judge More Than Halves $1B Punitives For 6 Plaintiffs

DALLAS - A Texas federal judge on Jan. 3 more than halved $1 billion in punitive damages for six plaintiffs in the second DePuy Pinnacle hip multidistrict litigation bellwether trial, and the plaintiffs on the same day filed a notice that they will appeal the reduction (In Re: DePuy Orthopaedics, Inc...

Mealey's PI/Product Liability - Judge: Window Components Maker Not Liable For Indemnification, Contribution

MINNEAPOLIS - A window components manufacturer need not indemnify or contribute to an arbitration award a plaintiff company must pay to a school district for windows that needed to be remediated, a federal judge in Minnesota ruled Dec. 30, finding that the manufacturer was not liable under contract or...

Mealey's PI/Product Liability - North Carolina Panel Overturns General Contractors' Summary Judgment Award

RALEIGH, N.C. - A trial court judge erred in finding that general contractors were not estopped from arguing that a couple's claims stemming from windows that leaked in their home were barred by the statute of repose, a North Carolina appellate panel ruled Dec. 30, finding that genuine issues of...

Mealey's PI/Product Liability - Ohio Appeals Panel Affirms Summary Judgment In Go-Kart Injury Suit

COLUMBUS, Ohio - An Ohio appellate panel majority on Dec. 29 found that a trial court was correct to apply primary assumption of risk in a suit brought by a woman who was injured on a private go-kart track (Andrea Ochall, et al. v. William M. McNamer, et al., No. 15AP-772, Ohio. App., 10th Dist.; 2016...

Mealey's PI/Product Liability - Judge Refuses To Reconsider Ruling Allowing Warranty Claim Against Window Maker

GULFPORT, Miss. - A federal judge in Mississippi on Jan. 3 denied a window manufacturer's motion to reconsider his Nov. 30 decision denying the defendant company's request for summary judgment on plaintiffs' breach of implied warranty of merchantability claim, holding that he properly applied...

Mealey's PI/Product Liability - Jury Selection Begins In Fungal Meningitis Outbreak Federal Murder Trial

BOSTON - Jury selection is set to begin Jan. 6 in the federal murder trial of Barry J. Cadden in connection with a deadly fungal meningitis outbreak allegedly caused by contaminated compounded drugs made by Cadden's former company, New England Compounding Center (NECC) (United States of America v...

Mealey's PI/Product Liability - Judge Dismisses Delay Claim In Suboxone Case, Allows Refiled Lanham Claims

PHILADELPHIA - A Pennsylvania federal judge on Jan. 4 dismissed claims by a generic drug manufacturer that Indivior Inc. engaged in anti-competitive behavior by delaying the introduction of a generic version of the opioid treatment drug Suboxone (buprenorphine and naloxone) but allowed the plaintiff...

Mealey's PI/Product Liability - Federal Judge Grants Partial Motion To Dismiss Claims In Six Flags Injury Suit

TRENTON, N.J. - A federal judge in New Jersey on Jan. 3 dismissed fraudulent concealment and breach of express and implied warranty claims in a suit in which a man claims that he was injured by a phone that hit him in the face while on a roller coaster at Six Flags Great Adventure because the man did...

Mealey's PI/Product Liability - 4th Circuit Panel Affirms Dismissal Of Negligence Suit Against United States

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeal on Jan. 4 affirmed a district court order dismissing a negligence suit brought against the United States by a sheriff's deputy who was injured on a Navy base after jumping off of a second-story training ship because the United States...

Mealey's PI/Product Liability - Sovereign Immunity For Tribal Casino Limo Driver Debated In Supreme Court

WASHINGTON, D.C. - Not allowing non-Indians who were injured as a result of a tribal employee's negligence miles away from a reservation a remedy except what the tribe chooses to provide in tribal court "represents an extraordinary and unwarranted expansion of tribal immunity," an attorney...

Mealey's PI/Product Liability - 8th Circuit Rules Attempted Roof Repairs Did Not Toll Statute Of Repose

ST. LOUIS - Attempts to repair a leaking roof did not toll Arkansas' five-year statute of repose for claims arising from construction defects, an Eighth Circuit U.S. Court of Appeals panel ruled Jan. 6 in affirming an award of summary judgment to the manufacturer of allegedly defective roofing materials...

Mealey's PI/Product Liability - California Jury Awards Man $35 Million In Car Crash Negligence Suit

LOS ANGELES - A California jury on Jan. 9 awarded a man who was injured in a traffic accident $35 million after finding that the state transportation department knew about a hazard at an intersection in Los Angeles and that another driver was negligent and caused the crash (Nick Ekbatani v. CalTrans...

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 - 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 ...