LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Missouri Jury Awards Woman $110 Million In Talcum Powder Suit

ST. LOUIS - A Missouri jury on May 4 found in favor of a woman who claimed that she developed ovarian cancer after using talc powder made by Johnson & Johnson and mined by Imerys Talc Powder and awarded her more than $110 million in damages (Lois Slemp v. Johnson & Johnson, et al., No. 1422-CC09326...

Mealey's PI/Product Liability - Zimmer Gets Defense Verdict In Texas Hip Implant Case

MARSHALL, Texas - A Texas federal jury on May 5 found that a Zimmer Inc. hip did not have a manufacturing defect and that the company did not engage in deceptive trade practices (Martha Hardy v. Zimmer Inc., et al., No. 16-242, E.D. Texas, Marshall Div.).

Mealey's PI/Product Liability - Final Dismissal Of Remaining False Claims Act Defendant Paves Way For Appeal

PHILADELPHIA - A Pennsylvania federal judge on May 4 granted partial final summary judgment in a nine-year-old False Claims Act lawsuit accusing several drug manufacturers of artificially lowering drug prices through the use of "discounts" or "service fees" (United States of America...

Mealey's PI/Product Liability - Texas Appeals Court Finds Judge Erred When Striking Pulte's Affidavits

FORT WORTH, Texas - A Texas appeals court panel on May 4 reversed a trial court judge's ruling awarding summary judgment to a subcontractor accused by Pulte Homes of Texas L.P. of breaching a Contractor Base Agreement (CBA) after finding that the judge erred when striking affidavits submitted by...

Mealey's PI/Product Liability - Appeals Court Affirms Summary Judgment For Sellers Of Allegedly Defective Home

FORT WORTH, Texas - A Texas Court of Appeals panel on May 4 affirmed a summary judgment ruling in favor of a couple who allegedly sold another couple a home with a defective foundation, finding that the plaintiffs had obtained an independent inspection of the home prior to the sale and that the sales...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Affirms Exclusion Of Zoloft Birth Defect Expert

PHILADELPHIA - A Pennsylvania state appeals panel on May 8 affirmed summary judgment in a Zoloft birth defect case, agreeing with the trial court that one causation expert relied on peer-reviewed articles that did not necessarily support his opinion (Robert and Katherine Porter, et al. v. SmithKlineBeecham...

Mealey's PI/Product Liability - Participation In Stryker Hip Settlement Programs Hits 95 Percent, Company Says

MINNEAPOLIS - Stryker Corp. on May 8 announced that 95 percent of additional registered eligible patients have enrolled in the company's second settlement program for claims related to Rejuvenate Modular-Neck hip stem and/or ABG II Modular-Neck hip stem devices that required revision surgery before...

Mealey's PI/Product Liability - 4th Circuit Denies Plaintiff 2nd Bite At Failure-To-Warn Claim In Pelvic Mesh Case

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on May 9 denied a pelvic mesh plaintiff's appeal of summary judgment against her failure-to-warn claim, saying she still presented no reliable evidence that she or her doctors were misled by the directions for use for the Boston Scientific...

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...