LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Florida Statute Of Repose May Not Apply To Surgical Mesh Case, Judge Says

TAMPA, Fla. - A Florida federal judge on March 7 denied a motion to dismiss a surgical mesh case, saying that at this stage of the case, Florida's 12-year statute of repose may not apply to the plaintiff's claim (Judith Woodbury v. C.R. Bard, Inc., No. 16-3229, M.D. Fla., Tampa Div., 2017 U.S...

Mealey's PI/Product Liability - 11th Circuit: ObTape Claims By 12 Minnesota Residents Are Not Time-Barred

ATLANTA - The 11th Circuit U.S. Court of Appeals on March 9 said a multidistrict litigation court erred in dismissing as time-barred the claims of 12 Mentor Corp. pelvic mesh plaintiffs, finding that Minnesota law requires plaintiffs to know about a causal connection between a device and their injury...

Mealey's PI/Product Liability - Stucco Remediation Expert's Methodology Not Reliable, Relevant, Judge Rules

ORLANDO, Fla. - A stucco remediation expert's methodology for calculating the cost to repair homes made by Pulte Home Corp. that have improperly installed stucco is not reliable or relevant, a federal judge in Florida ruled March 10 in granting the builder's motion to exclude the testimony (Shaun...

Mealey's PI/Product Liability - Colorado Appeals Court Finds Homeowner Protection Act Covers Senior Facility

DENVER - A Colorado appeals panel on March 9 overturned a ruling awarding summary judgment to the builder of a senior living facility in a construction defects lawsuit, ruling that the building is residential property under the Homeowner Protection Act of 2007 (HPA) that waives the builder's rights...

Mealey's PI/Product Liability - Bayer Tells 2nd Circuit Mirena Experts, 'Admissions' Evidence Properly Excluded

NEW YORK - Bayer HealthCare Pharmaceuticals Inc. on March 8 told the Second Circuit U.S. Court of Appeals that the Mirena multidistrict litigation court did not err in excluding the plaintiffs' three causation expert witnesses and said the plaintiffs' "proof of general causation" is...

Mealey's PI/Product Liability - Jury Selection To Begin In Suicide Case Based On Paxil Warning Label

CHICAGO - Jury selection is scheduled to begin March 14 in a wrongful death case in which GlaxoSmithKline PLC (GSK) is accused of failing to update its Paxil label to warn about the risk of suicide (Wendy Dolin, et al. v. SmithKline Beecham Corporation, et al., No. 12-6403, N.D. Ill., Eastern Div.).

Mealey's PI/Product Liability - Defense Rests In Murder Trial Of Former NECC Head For Fungal Meningitis Outbreak

BOSTON - The defense in the federal murder trial of the former head of the New England Compounding Center (NECC) rested March 13 after 44 days of testimony but only three days of defense witnesses (United States of America v. Barry J. Cadden, No. 14-10363, D. Mass.).

Mealey's PI/Product Liability - Benicar MDL Plaintiff Experts Must Produce Patient Records Relied On In Reports

CAMDEN, N.J. - A New Jersey federal magistrate judge overseeing the Benicar multidistrict litigation on March 13 ordered plaintiffs to produce redacted records of Benicar patients on which two experts relied (In Re: Benicar [Olmesartan] Products Liability Litigation, MDL Docket No. 2606, No. 15-2606...

Mealey's PI/Product Liability - Mentor Pelvic Mesh MDL Judge Disagrees With 11th Circuit Time-Bar Ruling

A Georgia federal judge overseeing the Mentor ObTape pelvic mesh multidistrict litigation on March 14 openly disagreed with a March 9 11th Circuit U.S. Court of Appeals decision reversing the MDL judge's statute-of-limitations ruling against 12 plaintiffs (Deborah Ann Rogers v. Mentor Corporation...

Mealey's PI/Product Liability - Consent Decree Entered Against Denver Supplement Maker For Unapproved New Drugs

DENVER - A Colorado federal judge on March 13 entered a consent decree of permanent injunction against EonNutra LLC., CDSM LLC, HAWB LLC and owner Michael Floren for distributing unapproved drugs and dietary supplements (United States of America v. EonNutra, LLC, et al., No. 17-633, D. Colo.).

Mealey's PI/Product Liability - Georgia Appellate Panel Affirms Summary Judgment Rulings In Negligence Suit

ATLANTA - A Georgia appellate panel on March 14 affirmed the grant of summary judgment to a hospital and the denial of summary judgment to the doctor in a case where a patient with mental health issues killed himself after being discharged from the hospital after finding that the trial court correctly...

Mealey's PI/Product Liability - New York Informed Intermediary Doctrine Results In Dismissal Of Orthopedic Cable Case

NEW YORK - A New York federal judge on March 16 granted summary judgment to Zimmer Inc. and Pioneer Surgical Technology Inc. after finding that a doctor was an informed intermediary and knew that a cable used in a femur fracture repair could break (Mary Tomaselli, et al. v. Zimmer, Inc., et al., No....

Mealey's PI/Product Liability - Jury Awards Couple $89,090 For Negligent Installation Of Spray Foam Insulation

NEW HAVEN, Conn. - A federal jury in Connecticut on March 16 found in favor of a couple who claimed that negligently installed spray polyurethane foam (SPF) insulation resulted in property damage and awarded them $82,400 for diminution in the value of their property and $6,690 in damages for the installation...

Mealey's PI/Product Liability - FDA Warns IBS Drug Viberzi May Cause Pancreatitis In Patients Without Gallbladder

SILVER SPRING, Md. - The Food and Drug Administration on March 15 issued a drug safety communication warning that the irritable bowel syndrome (IBS) drug Viberzi has been associated with reports of hospitalizations and deaths in patients who do not have a gallbladder.

Mealey's PI/Product Liability - Eliquis MDL Parties Disagree Whether Preemption Ruling Would Be A Silver Bullet

NEW YORK - Parties in the 37-day-old Eliquis multidistrict litigation on March 16 told the judge they disagree whether a preemption ruling in one case will be dispositive of all cases in the litigation (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, No. 17-md-2754, S.D...

Mealey's PI/Product Liability - New York Appeals Panel Affirms Summary Judgment In Dog Injury Suit

NEW YORK - While noting that it is not prudent law or policy, New York appellate panel on March 15 said a trial court was right to grant summary judgment to a man who was sued because his dog caused an injury to a pedestrian even though the dog was not vicious because New York law does not allow for...

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

TROY, Mich. - A Michigan appeals panel on March 14 affirmed a lower court's grant of summary disposition and dismissal of a suit in which a man claimed that he slipped and injured himself on a property because the ice he slipped on was an open and obvious hazard (Nick Zimmer v. Harbour Cove on the...

Mealey's PI/Product Liability - Couple Can Amend Fraud, Building Code Violation Allegations, Judge Rules

TAMPA, Fla. - A couple claiming that the defective construction of their home allowed for water infiltration and mold growth that led to the death of their daughter can amend their allegations that the home builder violated the Florida Building Code and engaged in fraud, a federal judge in Florida ruled...

Mealey's PI/Product Liability - Georgia Appeals Court Affirms Summary Judgment In Shooting Lawsuit

ATLANTA - A majority of the Georgia Court of Appeals on March 16 affirmed the grant of summary judgment to a mall where a man was shot and killed because his death was related to a fight he chose to be a part of, a danger of which the mall was not aware (Michael Fair, et al. v. CV Underground LLC, et...

Mealey's PI/Product Liability - Former NECC Head Found Not Guilty Of Murder In Fungal Meningitis Outbreak

BOSTON - A Massachusetts federal jury on March 22 found the former head of the New England Compounding Center (NECC) not guilty of murder in connection with a deadly fungal meningitis outbreak tied to contaminated compounded drugs, but found him guilty of racketeering and fraud (United States of America...

Mealey's PI/Product Liability - 3rd Circuit Overturns Merck's Preemption Win In Fosamax Cases

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on March 22 reversed a federal judge in New Jersey's ruling awarding summary judgment to the maker of the osteoporosis drug Fosamax, finding that the manufacturer was unable to produce evidence showing that the Food and Drug Administration...

Mealey's PI/Product Liability - Maryland Appeals Panel Affirms Summary Judgment In Wrongful Death Suit

ANNAPOLIS, Md. - A Maryland Court of Special Appeals panel on March 21 affirmed a grant of summary judgment in favor of the parent and grandparent corporation of a hospital in a wrongful death suit because under Maryland law, parent and grandparent corporations are not responsible for establishing hospital...

Mealey's PI/Product Liability - Magistrate Grants Protective Order In Negligence Suit For Trade Secret Information

LAS VEGAS - A federal magistrate judge in Nevada on March 21 granted a protective order in a negligence lawsuit to facilitate discovery exchanges and establishing a procedure for the filing of documents that include trade secrets and other confidential information pursuant to Federal Rule of Civil Procedure...

Mealey's PI/Product Liability - Colorado Appeals Panel Affirms Summary Judgment In Car Crash Suit

DENVER - A Colorado appeals panel on March 23 affirmed summary judgment for a property owner in a suit in which a woman was injured after a car crash on the owner's property because the state Premises Liability Act (PLA) provides the "sole legal remedy for a plaintiff involved in an automobile...

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

JACKSON, Miss. - A Mississippi Court of Appeals panel on March 21 affirmed summary judgment to a mother in a suit where a daughter sued her after being injured on her property because there is not a genuine issue of material fact on whether the tractor was defective or in an unsafe condition (Delois...