LexisNexis® Legal Newsroom
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...

Mealey's PI/Product Liability - 3rd Circuit Reverses Remand Of Birth Control Pill Mix-Up Case On CAFA Grounds

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 28 vacated remand of a birth control pill mix-up case, finding that under the Class Action Fairness Act (CAFA), the plaintiffs did not use language in their complaint to sufficiently disavow that they were seeking a joint trial (Melissa...

Mealey's PI/Product Liability - Aug. 2 Trial Set For NECC Supervising Pharmacist For Racketeering, Mail Fraud

BOSTON - Six days after his co-defendant's trial ended in a mixed verdict, Glenn A. Chin on March 28 was ordered to stand trial on Aug. 2 on charges of racketeering, mail fraud and selling adulterated drugs while employed as supervising pharmacist at the New England Compounding Center (NECC) (United...

Mealey's PI/Product Liability - Woman Can Pursue Contract Claim Against Roof Installer, New York Federal Judge Says

WHITE PLAINS, N.Y. - A woman who claims that a roofing subcontractor defectively installed the roof on her home that eventually needed to be replaced can pursue a cause of action for breach of contract but cannot assert claims for unjust enrichment and attorney fees, a federal judge in New York ruled...

Mealey's PI/Product Liability - New York Panel Affirms Summary Judgment In Medical Malpractice Suit

NEW YORK - A New York appellate panel on March 28 unanimously affirmed a lower court's decision to grant summary judgment in a medical malpractice suit because the hospital and doctor accused of negligence showed through expert testimony that a surgery was not the proximate cause of a man losing...

Mealey's PI/Product Liability - 'Implied Impossibility' Theory Of Preemption Rejected In Pedicle Screw Case

VALDOSTA, Ga. - A Georgia federal judge on March 28 denied dismissal of a pedicle screw complaint, rejecting among other defense arguments that the plaintiff's strict liability claim is preempted by "implied impossibility" (Jessica Kaku, et al. v. Alphatec Spine, Inc., No. 16-9, M.D. Ga...

Mealey's PI/Product Liability - Plaintiffs Allowed To File Amended Complaint In Insulin Pump Case

LEXINGTON, Ky. - A Kentucky federal judge on March 27 denied a motion to dismiss an insulin pump product liability case and granted the plaintiffs leave to file an amended complaint (Donald Hawn, et al. v. Medtronic MiniMed, Inc., et al., No. 16-93, E.D. Ky., Central Div., 2017 U.S. Dist. LEXIS 43954...

Mealey's PI/Product Liability - Judge Allows Couple To Name Contractor As A Defendant In Deadly Defects Suit

TAMPA, Fla. - A couple can amend a lawsuit claiming that defects in the construction of their home allowed for mold growth that led to the death of their daughter to include the general contractor who built the home, a federal judge in Florida ruled March 28 (Rohan B. Goldson, et al. v. KB Home, et al...

Mealey's PI/Product Liability - Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts

TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11...

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

JACKSON, Miss. - A Mississippi appellate panel on March 28 affirmed a trial court's order that granted summary judgment to a baseball league in a slip-and-fall suit after finding that the league was not required to warn a woman who injured herself about a small hole on a grassy hill (Tiffany Griffin...

Mealey's PI/Product Liability - Mississippi Appeals Panel Rules Statute Of Limitations Bars Wrongful Death Suit

JACKSON, Miss. - In a March 28 en banc decision, a Mississippi Court of Appeals majority affirmed a lower court decision to grant summary judgment to a psychiatrist and the practice he worked for in a suit where the plaintiffs claimed that a psychiatrist and the practice he worked for were responsible...