LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Washington City's Case Against OxyContin Maker Purdue Largely Survives Dismissal

SEATTLE - A Washington federal judge on Sept. 25 denied dismissal of most of a city's complaint against OxyContin maker Purdue Pharma L.P. (City of Everett v. Purdue Pharma L.P., et al., No. 17-209, W.D. Wash., 2017 U.S. Dist. LEXIS 156653).

Mealey's PI/Product Liability - Magistrate Judge Says Homeowners Need Not Attend Mediation With Builder

LAS VEGAS - Homeowners accusing D.R. Horton Inc. of construction defects in 103 homes are not required to attend mediation with the home builder, a federal magistrate judge in Nevada ruled Sept. 25, finding that an earlier decision conditionally certifying a class for discovery purposes gave the homeowners...

Mealey's PI/Product Liability - AndroGel Plaintiff Firm Sanctioned For Late Notice Of 2nd Stroke

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 24 sanctioned a plaintiff attorney $1,500 for a second deposition that was required after the firm's delayed learning of a change in its client's health that is relevant to the...

Mealey's PI/Product Liability - Judge Dismisses Pair Accused Of Breaching Construction Contract

JEFFERSON CITY, Mo. - A federal judge in Missouri on Sept. 21 dismissed with prejudice a claim for breach of contract asserted against the owners of a general contracting business, finding that they were not parties to the agreement (Robert A. Myers, et al. v. KNS Development Corp., et al., No. 17-cv...

Mealey's PI/Product Liability - Medtronic SynchroMed Pump Case Partially Dismissed By Indiana Federal Judge

SOUTH BEND, Ind. - An Indiana federal judge on Sept. 25 denied in part and granted in part a motion by Medtronic Inc. to dismiss the case of a woman who claims that she was injured when a catheter made by Medtronic was left in her abdomen and caused infections (Tami Fisk v. Medtronic, Inc., No. 17-32...

Mealey's PI/Product Liability - AmerisourceBergen Pleads Guilty, Pays $260M For Repackaging Cancer Drugs

BROOKLYN, N.Y. - AmerisourceBergen Specialty Group on Sept. 27 pleaded guilty to illegally distributing adulterated cancer drugs and agreed to pay $260 million in criminal fines and criminal forfeiture (United States of America v. AmerisourceBergen Specialty Group, LLC, No. 17-cr-507, E.D. N.Y.).

Mealey's PI/Product Liability - Test Device Maker Alere Pays $48M To Settle 2 Federal Cases Ahead Of Abbott Merger

WALTHAM, Mass. - Diagnostic device maker Alere Inc. on Sept. 28 announced two federal settlements totaling about $48 million, just six days ahead of its $5.3 billion acquisition by Abbott Laboratories.

Mealey's PI/Product Liability - Ohio Appeals Panel Affirms Defense Medical Malpractice Verdict

AKRON, Ohio - A panel of the Ninth District of the Ohio Court of Appeals on Sept. 27 affirmed a defense verdict in a wrongful death suit after finding that the jurors' answers to the special interrogatories were not inconsistent (Seth Niles Cromer, et al. v. Children's Hospital Medical Center...

Mealey's PI/Product Liability - Louisiana Panel: Strike By Nursing Assistant Qualifies As Medical Malpractice

SHREVEPORT, La. - A nursing home resident who was struck by a certified nursing assistant when he fought her attempts to change his diaper has shown that the action qualified as medical malpractice under the Louisiana Medical Malpractice Act (LMMA) and is subject to review by the medical review panel...

Mealey's PI/Product Liability - U.S. Supreme Court Won't Hear Jurisdiction Appeal In California Reglan Cases

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a renewed certiorari petition by Teva Pharmaceuticals USA Inc. to find that a California state coordinating court does not have jurisdiction over metoclopramide failure-to-update claims brought by four out-of-state plaintiffs for prescriptions...

Mealey's PI/Product Liability - U.S. High Court Won't Review Exclusion Of 510(k) Defense In Pelvic Mesh Case

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 said that it will not review federal multidistrict litigation court and federal circuit court rulings that evidence about a pelvic mesh device's approval through the less-stringent 510(k) process cannot be used to show Food and Drug Administration...

Mealey's PI/Product Liability - $1.2M Award For Nursing Home Abuse Was Not Excessive, 10th Circuit Panel Determines

DENVER - A district court did not err in refusing to reduce a $1.2 million compensatory damage award to comply with Oklahoma's statutory cap of $350,000 because there is substantial evidence in the record to support the compensatory damage award in favor of the plaintiffs whose mother was abused...

Mealey's PI/Product Liability - Liability Claims For Infection Trimmed Against Restaurant, Franchisor

BIRMINGHAM, Ala. - An Alabama federal judge on Sept. 28 granted a summary judgment motion by a franchisor and a management service provider and narrowed the claims against a franchisee and its oyster supplier in a lawsuit brought by a customer who developed a severe infection after consuming raw oysters...

Mealey's PI/Product Liability - High Court Will Not Review Suit Alleging Fraudulent Concealment Of Bedsores

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari, refusing to review a Maryland appeals court's ruling that a daughter cannot maintain a claim of fraudulent concealment against a hospital that cared for her mother and allegedly concealed the existence...

Mealey's PI/Product Liability - Judge Partly Reconsiders Dismissal Of Theranos Consumer Class Action

PHOENIX - An Arizona federal judge overseeing a Theranos Inc. consumer class action on Sept. 29 reconsidered an earlier decision and reinstated the plaintiffs' battery and medical battery claims involving finger-stick blood draws, but otherwise affirmed his June 13 dismissal order (In Re: Arizona...

Mealey's PI/Product Liability - Suit By Consultants Imprisoned In GSK Chinese Bribery Scandal Dismissed By Judge

PHILADELPHIA - A Pennsylvania federal judge on Sept. 29 dismissed a lawsuit against GlaxoSmithKline PLC (GSK) by two China-based business consultants who say GSK failed to tell them about its bribery activities that resulted in them spending two years in Chinese prisons (Peter Humphrey, et al. v. GlaxoSmithKline...

Mealey's PI/Product Liability - Pennsylvania Appeals Court: Couple Entitled To More Attorney Fees In Defects Suit

PHILADELPHIA - A couple who prevailed on their claims that their home builder was liable for defects in the construction of their home that caused water intrusion and property damage and for violation of Pennsylvania's Unfair Trade Practice and Consumer Protection Law (UPTCPL) are entitled to a greater...

Mealey's PI/Product Liability - AbbVie Ordered To Pay $140.1M Awarded In Retrial Of AndroGel MDL Bellwether Case

CHICAGO - An Illinois federal jury on Oct. 5 awarded an AndroGel heart attack plaintiff $140.1 million in a testosterone replacement therapy multidistrict litigation retrial (Jeffrey Konrad, et al. v. AbbVie, Inc., et al., No. 15-966, N.D. Ill.).

Mealey's PI/Product Liability - Insys To Pay $500,000 To Settle Massachusetts Subsys Marketing Investigation

BOSTON - Opioid maker Insys Therapeutics Inc. will pay $500,000 to resolve allegations by Massachusetts that it "engaged in a widespread scheme to unlawfully market its fentanyl spray and paid kickbacks to providers to persuade them to prescribe the product," the Massachusetts Attorney General's...

Mealey's PI/Product Liability - Florida Jury Awards $7.1 Million To Family In Wrongful Death Smoking Suit

WEST PALM BEACH, Fla. - A Florida state court jury on Oct. 10 awarded the widower of a woman more than $7 million after finding that Philip Morris USA Inc. engaged in a conspiracy to mislead the public about the dangers of smoking and that Philip Morris concealing the harmfulness of smoking ultimately...

Mealey's PI/Product Liability - Texas Appeals Court Says Statute Of Repose Bars Suit Over Retaining Wall

DALLAS - The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state's 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder's summary...

Mealey's PI/Product Liability - Panel: Judge Did Not Err In Ordering Installer To Replace, Not Repair, Windows

HARRISBURG, Pa. - A Pennsylvania trial court judge did not err in awarding $67,420.25 in damages to a property owner for water intrusion caused by improperly installed windows, a state appeals panel ruled Oct. 10, holding that expert testimony supported the finding that replacing the windows rather than...

Mealey's PI/Product Liability - 7th Circuit Panel Affirms Dismissal Of Depakote RICO Class Action By Insurers

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 12 affirmed dismissal of a racketeering class action against Abbott Laboratories for its off-label promotion of the seizure drug Depakote, saying there are too many layers between the drug manufacturer's actions and Depakote prescriptions...

Mealey's PI/Product Liability - California High Court Won't Hear Appeal In $48.1M Motrin Case; Partial Retrial Due

LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against...

Mealey's PI/Product Liability - Kentucky Appellate Majority Affirms Summary Judgment In Medical Malpractice Suit

FRANKFORT, Ky. - A majority of a panel of the Kentucky Court of Appeals on Oct. 13 affirmed a trial court's decision to grant summary judgment to a hospital after finding that a woman's negligence suit was based on medical malpractice and therefore required expert testimony over what options...