LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Summary Judgment Granted In Smith & Nephew Legion Knee Case

FRESNO, Calif. - A California federal judge on May 23 granted summary judgment in a Smith & Nephew Inc. knee case, saying that the plaintiff failed to present much evidence to support his claims and that his rebuttals fell short (Ruben B. Merancio, et al. v. Smith & Nephew, Inc., et al., No....

Mealey's PI/Product Liability - Hernia Patch Case Dismissed For No Showing Of Causation, Product Defect

NEW YORK - A New York federal judge on May 22 dismissed a hernia patch lawsuit because the plaintiff failed to show that the device caused her alleged injuries and because she failed to allege that the device was defective (Judith Rincon v. Coviden, et al., No. 16-10033, S.D. N.Y., 2017 U.S. Dist. LEXIS...

Mealey's Litigation Procedure - Birth Defects Claims Against Drugmaker Doomed By Insufficient Expert Opinions

BROOKLYN, N.Y. - Two medical experts lack the qualifications and reliable methodology to opine that a mother's use of an anti-epileptic drug linked to birth defects caused her son's severe birth defects, so summary judgment for the drugmaker is warranted on the mother's failure-to-warn claims...

Mealey's Insurance - Federal Judge Allows Fraud Claim Over Failure To Set Up Reinsurance Company

CHICAGO - A car dealership and its owners sufficiently allege a claim for promissory fraud under Illinois law by alleging that warranty-related service providers never intended to keep a promise to set up an offshore reinsurance company for the dealership's benefit, an Illinois federal judge ruled...

Mealey's PI/Product Liability - Metal-On-Metal Hip Case Out On Illinois Statute Of Limitations Based On Admissions

PEORIA, Ill. - An Illinois federal judge on May 22 granted summary judgment to hip maker Smith & Nephew Inc. because the plaintiff's deposition testimony showed that she was aware of possible fault prior to the expiration of the statute of limitations (Doris R. Cochran v. Smith & Nephew,...

Mealey's Insurance - Federal Judge Dismisses Insurer's Counterclaims In Construction Defects Dispute

LAS VEGAS - A Nevada federal judge on May 19 dismissed an insurer's breach of contract and declaratory relief counterclaims after determining that the insurer failed to allege facts in support of its assertion that an additional insured's failure to cooperate with the insurer prejudiced the insurer's...

Mealey's Litigation Procedure - Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit

CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales...

Mealey's PI/Product Liability - Missouri Appellate Panel Affirms Dismissal Of Medical Malpractice Suit

ST. LOUIS - A Missouri appellate panel on May 23 found that a trial court was right to find that claims brought by a woman were based in medical malpractice and to dismiss those claims because they were barred by the state's two-year-statute of limitations (Christina McCormick v. Centerpoint Medical...

Mealey's PI/Product Liability - Appeals Court Vacates Damages Awarded To Couple For Alleged Construction Defects

SEATTLE - A Washington appeals panel on May 22 vacated a trial court judge's decision to award $9,772.50 in damages to a couple who accused their home builder of defective construction, holding that the builder's failure to complete a cedar fence and issues with the kitchen cabinets and trim...

Mealey's Toxic Tort/Environmental - Residents: Groundwater Case Against Fire-Suppressant Foam Makers, Sellers Valid

PHILADELPHIA - A group of Pennsylvania residents on May 22 filed a brief in Pennsylvania federal court arguing that their groundwater contamination lawsuit against a group of chemical companies should not be dismissed because their claims are "proper" and are not barred by the doctrine of primary...

Mealey's PI/Product Liability - Johnson & Johnson Pays $33M To Settle Consumer Protection Lawsuits By 42 States

HARRISBURG, Pa. - Johnson & Johnson on May 24 agreed to an injunction regarding recalled over-the-counter drugs and to pay $33 million to 42 states for violations of their respective consumer protection laws (Commonwealth of Pennsylvania, et al. v. Johnson & Johnson Consumer Inc., et al., No...

Mealey's PI/Product Liability - Depakote Birth Defect Trial Under Way In Illinois

EAST ST. LOUIS, Ill. - A Depakote birth defect trial got under way on May 23 in an Illinois federal court (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).

Mealey's Insurance - 9th Circuit Affirms Ruling That Disability Claimant Waived Right To Contest Denial

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 22 affirmed a district court's finding that a disability claimant waived his rights to contest the termination of his disability benefits because the claimant signed a waiver of all rights, including his rights to contest the termination...

Mealey's Banking & Finance - 3rd Circuit Finds Court Did Not Err In Dismissing Complaint Against CFPB

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on May 22 affirmed a district court's dismissal of a property owner's complaint in relation to the denial of his loan modification application, finding that he failed to plead any facts to support his claims against the Consumer Financial...

Mealey's Insurance - Production Company Owed No Further Defense For Suits Over Fatal Train Accident

LOS ANGELES - A California federal judge on May 23 granted an insurer's motion for summary judgment on the remaining claims in a production company insured's lawsuit seeking coverage for damages caused by a train accident that killed a camera technician and injured the film's director and...

Mealey's Litigation Procedure - Immigration Order Class Suit Is Stayed Pending Hawaii's Appeal

SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W...

Mealey's Litigation Procedure - Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims

SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary...

Mealey's PI/Product Liability - Colorado Governor Signs Bill Aimed At Making Defects Lawsuits Harder To File

DENVER - According to published reports, Colorado Gov. John Hickenlooper on May 23 signed into law a bill designed to make it harder to sue developers of condominiums by requiring that a majority of unit owners consent to filing a lawsuit before it can be brought.

Mealey's Insurance - Judge Finds Professional Liability Exclusion Applies To Construction Inspector

GREENVILLE, S.C. - A federal judge in South Carolina on May 24 awarded summary judgment to State Farm Fire and Casualty Insurance Co., ruling that the professional liability exclusion does not require the insurer to provide coverage to a construction inspection company accused of negligence (State Farm...

Mealey's Insurance - Reinsurer: Insurer Is Not Entitled To Judgment On Reimbursement, Allocation

SYRACUSE, N.Y. - In a breach of contract dispute over asbestos coverage, a reinsurer opposes in separate briefs filed on May 24 an insurer's request to a New York federal court for summary judgment on reimbursement and allocation issues (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc...

Mealey's Insurance - Judge Trims Claims In Renters Insurance Dispute Over Fire Losses

ST. LOUIS - A federal judge in Missouri partially dismissed claims in an insurance dispute over coverage for a renters insurance policy on May 22, ruling that insureds failed show that they could bring a state law claim for breach of fiduciary duty of good faith and fair dealing against their insurer...

Mealey's Toxic Tort/Environmental - Florida Judge Declares Mistrial In Engle Progeny Lawsuit

JACKSONVILLE, Fla. - A Florida state court judge on May 23 declared a mistrial in an Engle progeny suit in which a woman claimed that a tobacco company hid the dangers of smoking from her husband, which led to his lung cancer and death, because the judge gave contradictory jury instructions that may...

Mealey's Securities/D&O Liability - Judge Substantially Denies Motion To Dismiss In IPO Stock Drop Suit

NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would...

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

ST. LOUIS - A Missouri appeals panel on May 23 upheld a defense verdict in a medical malpractice suit after finding that a defense attorney did not misconstrue evidence during closing arguments and that the trial court's decision to exclude evidence of potential witness tampering did not prejudice...

Mealey's Labor & Employment - DOL Fiduciary Duty Rule Set To Take Effect On June 9

WASHINGTON, D.C. - The U.S. Department of Labor's (DOL) new fiduciary duty rule regarding investment advice will take effect June 9, Secretary of Labor Alexander Acosta said in a May 23 op-ed article in The Wall Street Journal.