LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Texas Appeals Panel Affirms Judgment For Plaintiff In Negligence Suit

HOUSTON - A Texas appellate panel on June 13 affirmed a trial court's judgment after finding that a man who was employed to repair a tire that exploded and injured his hand presented enough evidence during trial to show that his employer was negligent and could have done more to protect him from...

Mealey's PI/Product Liability - 3 Tennessee District Attorneys General Sue Opioid Makers Over Addiction Epidemic

KINGSPORT, Tenn. - Three district attorneys general in Tennessee and the guardian ad litem of a baby born addicted to opioids on June 13 sued the three leading manufacturers of the drugs, as well as two convicted dealers of the drugs, blaming them for the opioid addiction epidemic in their portion of...

Mealey's Labor & Employment - City Colleges Of Chicago Settles EEOC Age Bias Lawsuit For $60,000

CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a 66-year-old adjunct professor who was passed over for a full-time faculty position because of her age, the EEOC announced in a June...

Mealey's PI/Product Liability - Minnesota Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit

ST. PAUL, Minn. - A Minnesota appellate panel on June 12 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing the defendants' experts to testify (Anita J. Howard v. Shelly R. Svoboda, M.D., et al., No. A16-1232, Minn. App., 2017 Minn...

Mealey's PI/Product Liability - Texas Appeals Court Affirms Verdict Against Maker Of Defective Concrete

FORT WORTH, Texas - A Texas appellate court panel on June 15 affirmed a jury's verdict finding that a concrete manufacturer should indemnify a contractor that installed concrete that was defectively made, holding that the trial court judge did not err when striking the manufacturer's expert testimony...

Mealey's PI/Product Liability - Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

HARRISBURG, Pa. - In an unpublished opinion, a panel of the Pennsylvania Superior Court on June 13 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing defense witnesses to testify to a doctor's reputation and that the expert witnesses...

Mealey's PI/Product Liability - Texas Appeals Panel Dismisses University Hospital Doctors From Malpractice Suit

HOUSTON - A Texas appellate court on June 15 found that a trial court erred in denying a motion to dismiss doctors who work for The University of Texas M.D. Anderson Cancer Center from a medical malpractice suit because Texas law requires the dismissal the employees of a state-run institution (James...

Mealey's PI/Product Liability - U.S. High Court Strikes State Court Specific Jurisdiction In Plavix Injury Cases

WASHINGTON, D.C. - In an 8-1 opinion, the U.S. Supreme Court on June 19 said California state courts do not have specific jurisdiction over the claims of 592 non-state residents who sued Bristol-Myers Squibb Co. (BMS) in state court, alleging that the antiplatelet drug Plavix caused gastrointestinal...

Mealey's PI/Product Liability - Plaintiff Moves For Approval Of $7 Million Settlement In Medical Negligence Suit

JACKSONVILLE, Fla. - A woman on June 15 filed a motion asking a federal judge in Florida to approve a $7 million settlement between her and the United States for brain damage her husband sustained during a two routine procedures at a naval hospital in Florida (Christina L. Hollis v. The United States...

Mealey's PI/Product Liability - Federal Jury Finds Surgeon Not Negligent In Medical Malpractice Suit

BALTIMORE - A federal jury in Maryland on June 15 found that a doctor was not negligent and did not breach the standard of care to a patient who sued him following a botched surgery (Collins v. Juan Arrisueno, M.D., et al., No. 1:13-CV-55, D. Md.).

Mealey's PI/Product Liability - PEX Pipe Maker Removes Suit Filed By Pulte Homes Over Ruptures

SAN ANTONIO - NIBCO Inc. on June 19 removed to Texas federal court a lawsuit filed by Pulte Homes of Texas L.P. claiming that PEX piping made by NIBCO is defective, arguing that complete diversity exists between the parties and because Pulte is seeking more than $75,000 in damages (Pulte Homes of Texas...

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

LEXINGTON, Ky. - A Kentucky appellate panel on June 16 affirmed a premises liability suit in favor of a homeowners association, its board members and a couple who owned a home after finding that none of the defendants owed a woman who injured herself on a sidewalk a duty to protect her (Frances Brooks...

Mealey's PI/Product Liability - Majority Reverses Denial Of Summary Judgment In Negligence Suit

INDIANAPOLIS - An Indiana appellate panel on June 19 found that a trial court erred in denying summary judgment for a group of local government defendants in a negligence suit after the majority found that the defendants did not have a duty to protect a man who died after contracting a deadly, brain...

Mealey's PI/Product Liability - 4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows

RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer...

Mealey's PI/Product Liability - Missouri Judge Declares Mistrial In Talcum Powder Suit After Supreme Court Ruling

ST. LOUIS - A Missouri state court judge on June 20 declared a mistrial in a suit brought by three plaintiffs claiming that they or their family members developed ovarian cancer after using talcum powder sold by Johnson & Johnson, a day after the U.S. . Supreme Court issued its ruling in Bristol...

Mealey's PI/Product Liability - Texas Appeals Court Upholds Ruling Finding Homeowner Failed To Provide Notice

HOUSTON - A Texas appeals panel on June 20 upheld a ruling awarding summary judgment to a home builder after finding that a homeowner failed to provide the required presuit notification pursuant to the Residential Construction Liability Act (RCLA) (Vision 20/20, Ltd. v. Cameron Builders, Inc., No. 14...

Mealey's PI/Product Liability - Arizona Supreme Court Abolishes Test For Abuse Claims

PHOENIX - The Arizona Supreme Court on June 20 unanimously found that a trial court erred in granting a doctor and a nursing home summary judgment in a suit where a woman allegedly died because of their abuse and negligence and abolished the four-part test for determining whether a claim under the state...

Mealey's PI/Product Liability - No Acquittal By Judge Or New Trial In Fungal Meningitis Criminal Verdict

BOSTON - A Massachusetts federal judge on June 22 denied a judgment of acquittal or a new trial for Barry J. Cadden, the former head of the compounding pharmacy at the center of a deadly fungal meningitis outbreak (United States of America v. Barry J. Cadden, et al., No. 14-10363, D. Mass., 2017 U.S...

Mealey's PI/Product Liability - Missouri Sues Opioid Makers Purdue Pharma, Endo, Janssen For Addiction Epidemic

ST. LOUIS - The Missouri attorney general on Jan. 21 sued opioid makers Purdue Pharma L.P., Endo Health Solutions Inc. and Janssen Pharmaceuticals Inc. for allegedly misrepresenting the addictiveness of their products in violation of state law (The State of Missouri, ex rel. Joshua D. Hawley v. Purdue...

Mealey's PI/Product Liability - False Claims Act Lawsuit Involving Antifungal Vfend Gets Interlocutory Review

PHILADELPHIA - A Pennsylvania federal judge on June 22 certified a question about the viability of an 11-year-old False Claims Act (FCA) lawsuit alleging that Pfizer Inc.'s misrepresentations about use of the antifungal drug Vfend in cancer patients resulted in the submission of false claims to the...

Mealey's PI/Product Liability - Florida Appeals Panel Reverses Trial Court In Medical Malpractice Suit

TALLAHASSEE, Fla. - A Florida appellate panel on June 21 found that a trial court erred in reinstating a medical malpractice complaint because the plaintiff's expert affidavit was from a doctor who did not have the same exact specialty as the doctor she was suing and quashed an order reinstating...

Mealey's PI/Product Liability - 8th Circuit Finds Nebraska's Cap On Medical Malpractice Damages Constitutional

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 22 found that Nebraska's cap on damages in medical malpractice suits does not violate the U.S. Constitution and affirmed a trial court's decision to reduce a $17 million verdict to $1.75 million (Doran Schmidt, et al. v....

Mealey's PI/Product Liability - Surgeon Misidentification Of Implant Maker Doesn't Save Hip Implant Case

SOUTH BEND, Ind. - A hip implant patient cannot use her surgeon's statement for having named the correct defendant until it was too late, an Indiana federal judge ruled June 22 in denying reconsideration of summary judgment in favor of Biomet Orthopedics LLC (Linda Brown v. Biomet Orthopedics, LLC...

Mealey's PI/Product Liability - NECC Head Sentenced To 9 Years For Role In Fungal Meningitis Outbreak

BOSTON - The former head of a compounding pharmacy at the center of a deadly fungal meningitis outbreak was sentenced June 26 to nine years in federal prison following his conviction on fraud and racketeering charges (United States of America v. Barry J. Cadden, No. 14-cr-10363, D. Mass.).

Mealey's PI/Product Liability - Vioxx MDL Judge Won't Use All Writs Act To Overturn Transferor Court Dismissal

NEW ORLEANS - The Vioxx multidistrict judge on June 23 denied a request to use the court's All Writs Act authority to overturn a statute-of-limitations dismissal by a transferor court (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 05-md-1657, Jo Levitt v. Merck Sharp &...