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Mealey's PI/Product Liability - Morcellator MDL Judge Remands Last Cases, Dissolves MDL

KANSAS CITY, Kan. - With the "vast majority" of federal cases resolved and with only three cases remaining, the Kansas federal judge presiding over the Ethicon power morcellator multidistrict litigation on June 30 remanded the remaining cases and recommended that the eight-month-old MDL be...

Mealey's PI/Product Liability - Texas Appeals Court Upholds Builder's Summary Judgment Ruling Over Defects

FORT WORTH, Texas - A Texas appellate court panel on June 30 affirmed a ruling awarding summary judgment to a home builder accused of construction defects, finding that the plaintiffs failed to explain how their evidence presented in opposition to summary judgment supported their allegations (Peter Payne...

Mealey's PI/Product Liability - $70M Awarded In Risperdal Gynecomastia Trial In Pennsylvania State Court

PHILADELPHIA - A Pennsylvania state court jury on July 1 awarded $70 million to a man who says Janssen Pharmaceuticals Inc. failed to warn that its Risperdal atypical antipsychotic drug can cause gynecomastia, according to plaintiff attorneys (A.Y. v. Janssen Pharmaceuticals, No. 130402094, Pa. Comm...

Mealey's PI/Product Liability - Judge Certifies Class For California Homeowners With Allegedly Defective Roof Tiles

SACRAMENTO, Calif. - In an order entered July 5, a California federal judge certified a class for consumers whose homes have roofing tiles that were made by Dura-Loc Roofing Systems Limited that are allegedly defective because they are not UV resistant, finding that common evidence and proof can determine...

Mealey's PI/Product Liability - Divided S.C. High Court Finds Builder's Arbitration Clause Unenforceable

COLUMBIA, S.C. - A 3-2 panel of the South Carolina Supreme Court on July 6 affirmed an appellate court's decision to sustain a trial court's ruling denying D.R. Horton Inc.'s motion to compel arbitration on a construction defects lawsuit, after agreeing that an arbitration clause was unenforceable...

Mealey's PI/Product Liability - Magistrate Judge Finds Plaintiffs' Expert's Additional Report Was Not Supplemental

NEW HAVEN, Conn. - A federal magistrate judge in Connecticut on July 6 granted defendants' motion to strike the additional report of a doctor who examined a couple who claim that they sustained injuries as a result of exposure to volatile organic compounds (VOCs) emitted by spray polyurethane foam...

Mealey's PI/Product Liability - New Jersey Appeals Court Affirms Ruling Denying Motion To Compel Arbitration

TRENTON, N.J. - A New Jersey appellate panel on July 6 upheld a judge's ruling denying a contractor's motion to compel arbitration, finding that the arbitration clause in a home sales agreement did not sufficiently inform a couple of their waiver to a right to pursue their claims in a judicial...

Mealey's PI/Product Liability - Judge Won't Release 2 Studies In Pinnacle Hip MDL; No Good Cause Shown

DALLAS - The Texas federal judge overseeing the Pinnacle hip multidistrict litigation on July 8 denied a request by plaintiffs to remove the confidentiality designations from two clinical studies, saying defendant DePuy Orthopaedics Inc. showed good cause for continuing the confidential designation for...

Mealey's PI/Product Liability - Fixodent Maker Seeks Summary Judgment In 6 Remaining Denture Cream MDL Cases

MIAMI - Proctor & Gamble Co. on July 11 asked the denture cream multidistrict litigation court to grant summary judgment in the last six remaining Fixodent cases in light of last month's appellate court ruling affirming the exclusion of plaintiff causation experts (In Re: Denture Cream Products...

Mealey's PI/Product Liability - Judge Dismisses 2 Claims, Saves 1 In Fungal Meningitis Infection Lawsuit

BOSTON - A Massachusetts federal judge overseeing the meningitis outbreak multidistrict litigation on July 13 dismissed implied warranty claims against a doctor and pain clinic but allowed a plaintiff's state consumer protection claims to continue (In Re: New England Compounding Pharmacy, Inc. Products...

Mealey's PI/Product Liability - 2nd Circuit Panel Revives Ignition Switch Claims Against General Motors

NEW YORK - People who were allegedly injured as a result of defective General Motors ignition switches in automobiles made before its 2009 bankruptcy can now sue the company, a Second Circuit U.S. Court of Appeals panel ruled July 13 (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848...

Mealey's PI/Product Liability - NHL MDL Judge Orders Workers' Comp Insurer To Turn Over Medical Reports

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion injury multidistrict litigation on July 13 partially granted the players' motion to enforce a subpoena and ordered the league's workers' compensation insurer to produce independent medical exam (IME) records of...

Mealey's PI/Product Liability - Judge Won't Exclude Tylenol Liver Injury Study From 1st MDL Bellwether Case

PHILADELPHIA - The Pennsylvania federal judge overseeing the Tylenol multidistrict litigation on July 14 denied a defense motion to exclude a key study from the plaintiff's case in the first bellwether trial and excluded testimony by defense experts who criticized the reliability of the study (In...

Mealey's PI/Product Liability - Lipitor MDL Magistrate Recommends Remand Of 40 California Cases

CHARLESTON, S.C. - A South Carolina federal magistrate judge on July 14 recommended that 40 California cases be remanded from the Lipitor diabetes multidistrict litigation after finding that they are not mass actions under the Class Action Fairness Act (CAFA) and that the naming of drug distributor McKesson...

Mealey's PI/Product Liability - Former Wrestlers Sue WWE, Chairman Over Brain Injuries

NEW HAVEN, Conn. - A group of former professional wrestlers who sustained long-term neurological injuries sued World Wrestling Entertainment Inc. (WWE) and its chairman, Vince McMahon, in a Connecticut federal court on July 18, claiming that the entity failed to inform and protect them from the danger...

Mealey's PI/Product Liability - MDL Judge Preliminarily Approves Settlement Between NCAA And Student-Athletes

CHICAGO - The judge overseeing the National Collegiate Athletic Association student-athlete concussion injury multidistrict litigation on July 15 granted preliminary approval to the latest incarnation of a settlement between the parties and conditionally certified a settlement class and two subclasses...

Mealey's PI/Product Liability - 2 Acclarent Execs Guilty Of Misdemeanor Off-Label Medical Device Promotion

BOSTON - Two former Acclarent Inc. executives on July 20 were acquitted of 14 felony counts of marketing a medical device for off-label uses but were convicted of 10 misdemeanor counts for the same conduct, the U.S. Attorney's Office for the District of Massachusetts said in a press release (United...

Mealey's PI/Product Liability - 10th Circuit Finds Home's Value Not Proper Measure For Damages

DENVER - A federal judge in Kansas did not err when vacating a jury's verdict awarding $185,000 to a woman accused a company that builds premanufactured homes of fraud by omission and negligent misrepresentation, a 10th Circuit U.S. Court of Appeals ruled July 20, holding that the cost of repairs...

Mealey's PI/Product Liability - California Appeals Court Affirms $8.3M Verdict In DePuy ASR Hip Case

LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).

Mealey's PI/Product Liability - Arizona High Court: OTR Doesn't Preclude Nonparties From Liability For Injuries

PHOENIX - The common-law original tortfeasor rule (OTR) "does not preclude a defendant from alleging and proving, or the trier of fact from considering and finding, fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant's tort," the Arizona...

Mealey's PI/Product Liability - New Jersey Appeals Panel Vacates 2 $9M Accutane Verdicts, Orders New Trial

TRENTON, N.J. - A panel of the New Jersey Superior Court Appellate Division on July 22 vacated two $9 million Accutane bowel injury verdicts and remanded them for a new trial after finding that the trial court improperly allowed evidence of subsequent remedial action by defendant Hoffman-La Roche Inc...

Mealey's PI/Product Liability - Acclarent Pays $18M For Off-Label Marketing Of Sinus Device

BOSTON - With a criminal trial against two company executives just concluded, the U.S. attorney for the District of Massachusetts on July 22 revealed that medical device maker Acclarent Inc. paid $18 million to settle lawsuits that it caused false claims to be submitted to federal health care programs...

Mealey's PI/Product Liability - Nebraska High Court Won't Adopt Mode-Of-Operation Rule For Premises Liability

LINCOLN, Neb. - The Nebraska Supreme Court on July 22 affirmed summary judgment for a grocery store in a slip-and-fall case, declining to adopt the plaintiff's suggestion that the state should adopt the mode-of-operation rule in addressing premises liability claims (Susan L. Edwards v. Hy-Vee, Inc...

Mealey's PI/Product Liability - California Appeals Court Finds 2nd Suit Over Roof Involved Same Primary Right

SAN FRANCISCO - A couple's second lawsuit against the sellers of a home with a leaky roof, the contractors who installed the roof and the contractor who attempted to repair the roof contained the same primary right as an earlier suit that was dismissed by a state court judge, a California appeals...

Mealey's PI/Product Liability - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming...