LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - 1st Bair Hugger Bellwether Plaintiffs Can't Make Claim For Punitive Damages

MINNEAPOLIS - A federal magistrate judge in the Bair Hugger multidistrict litigation on July 27 denied a plaintiffs' motion to add a claim for punitive damages in the initial bellwether trial pool but said other plaintiffs can try to make their case for adding the claim to their cases (In Re: Bair...

Mealey's PI/Product Liability - Couple Sufficiently Stated Claims Over Leaky Water Filter System, Judge Says

SEATTLE - A federal judge in Washington on July 31 denied a motion to dismiss a couple's lawsuit against the manufacturer of a water filtration system that leaked in their home and allowed them to amend their complaint to add two other companies involved in the manufacturing of the product after...

Mealey's PI/Product Liability - Benicar Settlement Will Pay High Of $10,000 Per Claimant, More For Serious Injury

TOKYO - Japanese drug maker Daiichi Sankyo Co. Ltd. on Aug. 1 agreed to pay up to $300 million to settle claims that the company's blood pressure drug Benicar cause sprue-like enteropathy and other gastrointestinal conditions, according to a settlement agreement presented in the Benicar multidistrict...

Mealey's PI/Product Liability - Proton Pump Inhibitor MDL Created, Assigned To Judge Cecchi In New Jersey

WASHINGTON, D.C. - About 195 federal lawsuits alleging that proton pump inhibitor (PPI) drugs cause serious kidney injury were centralized Aug. 2 by a federal panel before U.S. Judge Claire C. Cecchi of the District of New Jersey (In Re: Proton-Pump Inhibitor Products Liability Litigation [No. II], MDL...

Mealey's PI/Product Liability - Blood Tester Theranos Settles Walgreen Lawsuit For Confidential Amount

PALO ALTO, Calif. - Embattled blood testing company Theranos Inc. on Aug. 1 said it has reached a confidential settlement with Walgreen Co. and parent Walgreens Boots Alliance Inc. to resolve the pharmacy chain's claims against Theranos.

Mealey's PI/Product Liability - Ohio Appeals Court: Photos Of Construction Defects Were Not New Evidence

WARREN, Ohio - An Ohio appeals panel on July 31 affirmed a municipal court judge's ruling to deny a woman's request for relief from a judgment in favor of a contractor accused of negligently installing a drain pipe, holding that two photographs the woman produced in support of her request were...

Mealey's PI/Product Liability - EpiPen MDL Created, Assigned To Kansas Federal Judge

WASHINGTON, D.C. - Federal lawsuits alleging monopolistic and unfair trade practices by Mylan N.V. and other defendants in the marketing of the EpiPen epinephrine autoinjector were centralized Aug. 3 before Judge Daniel D. Crabtree of the U.S. District Court for the District of Kansas (In Re: EpiPen...

Mealey's PI/Product Liability - Insys Sets Aside $4.5M For Settlement Of Illinois' Opioid Off-Label Lawsuit

PHOENIX - Insys Therapeutics Inc. on Aug. 3 announced that it has taken a $4.5 million charge for a potential settlement of Illinois' consumer fraud lawsuit over the drug company's alleged off-label promotion of the fentanyl-based opioid Subsys.

Mealey's PI/Product Liability - Appeals Court Says Church, Contractor Must Arbitrate Claims With Manufacturer

FORT WORTH, Texas - A Fort Worth church and the contractor who installed a roof membrane system that subsequently leaked must arbitrate their claims with Dow Roofing Systems LLC, the maker of the membrane, a Texas appeals panel ruled Aug. 3, holding that the limited warranty provided by Dow to the church...

Mealey's PI/Product Liability - Owners Association Is Not Assignee To Condo Developer, Texas Appeals Court Rules

CORPUS CHRISTI, Texas - A Texas appeals panel on Aug. 3 affirmed a trial court judge's ruling denying a contractor's motion to compel arbitration in a construction defects suit brought by an association of unit owners, finding that the association was not an assignee or successor to the developer...

Mealey's PI/Product Liability - 11th Circuit Affirms Dismissal Of Class Action Alleging Injury From Metal Particles

ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 7 affirmed dismissal of a class action, agreeing that the two plaintiffs did not show that metallic particles found in their brains after heart surgery were from a medical device or that the particles constituted an injury (Gabriel Fernando Nassar...

Mealey's PI/Product Liability - Judge Ignores Bristol-Myers, Remands Multiplaintiff Essure Case To State Court

EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 4 refused to consider rulings based on a recent U.S. Supreme Court jurisdiction decision and remanded an Essure birth control device case consisting of 86 plaintiffs to Illinois state court (Nichole Hamby, et al. v. Bayer Corp., et al., No. 17...

Mealey's PI/Product Liability - Endo Takes $775M To Settle 22,000 Pelvic Mesh Cases, 'Virtually All Known' Claims

DUBLIN, Ireland - Endo International plc on Aug. 7 announced that it has reached agreements to resolve "virtually all known" pelvic mesh product liability claims in the United States and intends to increase its second quarter product liability accrual by $775 million to cover the settlements...

Mealey's PI/Product Liability - Jury Finds City, Railroad Company Not At Fault In Fatal Motorcycle Crash

SAN DIEGO - A California jury on Aug. 7 found that a railroad company and the city of San Diego were not liable for the death of a motorcyclist whose parents claimed that he died after running over a pothole and was ejected off of his bike (Estate of Jamie Scott Powell, et. al. v. City of San Diego,...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Summary Judgment In Dental Malpractice Suit

HOUSTON - A First District Texas Court of Appeals panel on Aug. 8 affirmed a trial court's order granting summary judgment to a dentist and his practice in a dental malpractice suit after finding that the claims were health care liability claims and subject to a two-year statute of limitations (Lover...

Mealey's PI/Product Liability - Pharmacists In Fungal Meningitis Outbreak Say Prosecutors Backtracking

BOSTON - Three former pharmacists who worked for New England Compounding Center (NECC) during a 2012 fungal meningitis outbreak on Aug. 9 told the First Circuit U.S. Court of Appeals that it should not reverse dismissal of certain criminal claims against them (United States of America v. Alla V. Stepanets...

Mealey's PI/Product Liability - Appeals Panel Reverses Summary Judgment For Casino In Slip-And-Fall Suit

JACKSON, Miss. - A Mississippi Court of Appeals panel on Aug. 8 reversed a summary judgment ruling for a casino in a slip-and-fall suit after finding that the plaintiff showed a genuine issue of fact over whether a puddle his wife slipped in was created by condensation from a vent on the ceiling (Peter...

Mealey's PI/Product Liability - Bayer, Plaintiffs Say They've Agreed To Settle Mirena IUD Perforation Claims

NEW YORK - Despite the parties' Aug. 11 disclosure that they have agreed to resolve Mirena intrauterine device (IUD) secondary perforation claims, the Second Circuit U.S. Court of Appeals that day denied a motion to adjourn Aug. 14 oral arguments about the exclusion of all plaintiffs causation experts...

Mealey's PI/Product Liability - Celexa/Lexapro MDL Judge Denies Pediatric RICO Class Certification

BOSTON - A Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Aug. 15 denied certification of a class of adolescent users of the antidepressant, saying individual issues will predominate (In Re: Celexa and Lexapro, No. 09-2067, Delana S. Kiossovski, et al. v. Forest...

Mealey's PI/Product Liability - Opioid Distributor's Authority Revoked By DEA After Circuit Court Petition Fails

WASHINGTON, D.C. - Pharmaceutical distributor Masters Pharmaceutical Inc. on Aug. 14 had its registration to distribute controlled substances revoked after the District of Columbia Circuit U.S. Court of Appeals lifted its stay of the revocation (Masters Pharmaceutical, Inc. v. Drug Enforcement Administration...

Mealey's PI/Product Liability - Georgia Appeals Panel Reverses Summary Judgment In Medical Malpractice Suit

ATLANTA - A Georgia Court of Appeals panel on Aug. 14 found that a vicarious liability claim against a medical practice in a suit in which family members alleged negligent care led to a woman's death was not added to the suit after the two-year statute of limitations expired because it was not a...

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

JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County...

Mealey's PI/Product Liability - Texas Appeals Panel Finds City Is Immune From Premises Liability Suit

DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).

Mealey's PI/Product Liability - Mylan Pays $465M To Settle False Claims Suit Alleging Underpaid Medicaid Rebates

WASHINGTON, D.C. - Ten months after Mylan Inc. first announced a settlement and seven months after the federal government said there was no such agreement, Mylan and the U.S. Justice Department on Aug. 17 finalized a $465 million settlement of claims that the EpiPen maker violated the False Claims Act...

Mealey's PI/Product Liability - Kansas Appeals Court Upholds Rulings Against Couple In Construction Defects Suit

TOPEKA, Kan. - An appellate panel in Kansas on Aug. 18 upheld rulings denying a couple's motion for a new trial and for a change of judge to preside over their construction defects lawsuit against Pulte Homes of Greater Kansas City Inc., finding that the request for a new trial was untimely and the...