LexisNexis® Legal Newsroom
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 ...

Mealey's PI/Product Liability - Drug Distributor McKesson Pays $150M, Suspends Some Sales For Opioid Orders

WASHINGTON, D.C. - Drug distributor McKesson Corp. will pay a $150 million civil penalty and will suspend sales of controlled substances in three states for alleged repeated violations of the Controlled Substances Act, the U.S. Justice Department said in a Jan.17 press release.

Mealey's PI/Product Liability - No Settlement Of Surgical Gown State Class Action Ahead Of March 28 Trial

LOS ANGELES - Seventy-two days before the start of a California class action trial involving MicroCool surgical gowns, the parties on Jan. 16 reported to a California federal judge that "[d]espite the best efforts of the parties, they have been unable to settle the case" (Hrayr Shahinian, M...

Mealey's PI/Product Liability - Genuine Issues Exist As To When Masonry Defects Were Discovered, Judge Finds

BALTIMORE - A federal judge in Maryland on Jan. 17 denied a masonry subcontractor's motion for summary judgment in a breach of contract suit, ruling that genuine issues of fact remain as to when potential defects in the installation of a masonry facade that collapsed in April 2013 were known (Skanska...

Mealey's PI/Product Liability - Michigan Appeals Panel Finds Hazard Open And Obvious In Premises Liability Suit

LANSING, Mich. - A Michigan appellate panel on Jan. 17 found that a sunken drainage ditch on a gas station's property that caused injury to a biker was an open and obvious hazard and remanded the suit to the trial court with an order to grant summary judgment to the gas station owner (William Basacchi...

Mealey's PI/Product Liability - U.S. Supreme Court To Rule On Jurisdiction In California Plavix Injury Cases

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 19 granted certiorari to drug maker Bristol-Myers Squibb Co. (BMS) on whether Plavix injury claims can arise in California state courts when there is no causal link between BMS's forum contact and the plaintiffs' claims (Bristol-Myers Squibb Company...

Mealey's PI/Product Liability - Mallinckrodt Disgorges $100M, Licenses Competing Drug Under FTC/States Settlement

WASHINGTON, D.C. - British drug maker Mallinckrodt ARD Inc. will disgorge $100 million in profits to settle a complaint by the U.S. Federal Trade Commission and five states that it purchased the rights to a competing drug to have a monopoly, then raised the price of the drug by 85,000 percent, the FTC...

Mealey's PI/Product Liability - Pennsylvania Appellate Panel Reinstates Suit Over Hospital's Alleged Negligence

HARRISBURG, Pa. - A Pennsylvania's Superior Court panel on Jan. 17 found that a hospital was entitled to limited immunity under Pennsylvania's Mental Health Procedure Act (MHPA) but said that immunity is moot because a woman who sued the hospital after her suicidal daughter was allowed to leave...

Mealey's PI/Product Liability - Georgia Appellate Panel Reverses Summary Judgment In Wrongful Death Suit

ATLANTA - A Georgia appellate panel on Jan. 18 reversed summary judgment granted to a doctor after finding that the plaintiffs' experts' testimony established a genuine issue of material fact regarding whether a doctor's negligence caused the death of a resident at the rehabilitation facility...