LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Pella To Settle Suit Over ProLine Windows For $25.75M, Plaintiffs Say

CHICAGO - Pella Corp. has agreed to pay $25.75 million to resolve claims from homeowners alleging that the company's ProLine series of windows were defective by allowing water to intrude the casing, causing wood rot, plaintiffs say in a Feb. 8 brief filed in Illinois federal court seeking approval...

Mealey's PI/Product Liability - Abilify MDL Plaintiffs Seek To Sanction Otsuka For Spoliation Of Evidence

PENSACOLA, Fla. - Plaintiffs in the Abilify multidistrict litigation on Feb. 8 asked the court to sanction defendant Otsuka America Pharmaceutical Inc. for alleged spoliation of evidence (In Re: Ability [Aripiprazole] Products Liability Litigation, MDL Docket No. 2734, N.D. Fla., Pensacola Div.).

Mealey's PI/Product Liability - Arbitration Ordered in Daughter's Suit Alleging Poor Care Caused Father's Death

ASHLAND, Ky. - A Kentucky federal judge on Feb. 7 sustained a nursing home's motion to compel arbitration and enjoin a daughter from pursuing claims that poor care ultimately cost her father his life in state court or any manner other than arbitration, finding that the arbitration agreement signed...

Mealey's PI/Product Liability - New Jersey Federal Judge Dismisses Medical Malpractice Suit

TRENTON, N.J. - A federal judge in New Jersey on Feb. 9 granted a motion by three doctors to dismiss a medical malpractice suit against them after finding that the court does not have jurisdiction over the case, in which a woman claimed that she contracted an infection after a surgery (Francie Meth v...

Mealey's PI/Product Liability - Judge: Lack Of Causation Evidence Fatal To Woman's Suit Against Nursing Home

LOUISVILLE, Ky. - A woman's failure to present any causation evidence demonstrating that misconduct by staff at a nursing home caused her mother's death resulted in a federal judge in Kentucky's Feb. 7 ruling to award summary judgment to the facility (Janice Colston v. Regency Nursing LLC...

Mealey's PI/Product Liability - Judge Affirms Exclusion Of Unchallenged Deposition Testimony In Asbestos Case

WILMINGTON, Del. - Defendants' postponement of a deposition did not waive their right to cross-examine the witness, who died two weeks after he gave truncated testimony, a Delaware judge held Feb. 7 in finding the testimony inadmissible (William Derek Sykes, et al. v. Air & Liquid Systems Corp...

Mealey's PI/Product Liability - Some Expert Opinions Stricken In Pelvic Sling Design Defect Lawsuit

HAMMOND, Ind. - An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S...

Mealey's PI/Product Liability - 11th Circuit Mostly Reverses Dismissal Of Defibrillator Vest Lawsuit Claims

ATLANTA - Relying on a recent circuit court rulings, the 11th Circuit U.S. Court of Appeals on Feb. 8 almost entirely reversed dismissal of a defibrillator vest lawsuit, saying the plaintiffs initially pleaded their claims to avoid preemption (Dennis Godelia, et al. v. Zoll Services, LLC, et al., No...

Mealey's PI/Product Liability - Utah Supreme Court Finds Developer Did Not Assign Rights To Owners Association

SALT LAKE CITY - A homeowners association lacked privity to sue a developer over construction defects, the Utah Supreme Court ruled Feb. 9, holding that the declaration the developer wrote establishing the creation of the association did not transfer any rights to sue (Gables at Sterling Village Homeowners...

Mealey's PI/Product Liability - Hotel's Third-Party Complaints Against Architects Dismissed By Judge

ST. THOMAS, Virgin Islands - A federal judge in the Virgin Islands on Feb. 9 dismissed third-party indemnification lawsuits filed by Marriott Ownership Resorts Inc. against the architect and consulting firm that oversaw the design and installation of a hotel's roof and rain gutters after finding...

Mealey's PI/Product Liability - Panel: Auto Insurer Is Liable For Additional Insured's PIP Benefits

TRENTON, N.J. - An auto insurer is liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract, a New Jersey appeals panel affirmed Feb. 8 (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik, et al., No. A-3331-15T4, N.J. Super., App...

Mealey's PI/Product Liability - NECC Pharmacist: Instead Of $82M In Restitution, Let Me Make Nominal Payments

BOSTON - The supervising pharmacist for the former New England Compounding Center (NECC) on Feb. 12 told a Massachusetts federal court that it should order him to pay none of the $82 million in restitution the government is seeking or should require him to make only nominal payments (United States of...

Mealey's PI/Product Liability - Couple, Supplier Cannot Pursue Claims Against Drywall Maker, MDL Judge Says

NEW ORLEANS - A Louisiana couple and the contractor who installed Chinese-manufactured drywall in their home cannot pursue claims against the manufacturer, the federal judge in Louisiana overseeing litigation stemming from the product ruled Feb. 9, holding that their claims are barred by a settlement...

Mealey's PI/Product Liability - Mississippi Appeals Panel Affirms Summary Judgment In 'Horseplay' Suit

JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Feb. 13 affirmed summary judgment for a company in a "horseplay" suit after finding that the company did not owe a duty to supervise an employee who picked up and threw a trucker because the company did not foresee his violent...

Mealey's PI/Product Liability - New Jersey Appeals Panel Affirms Summary Judgment In Dog Bite Suit

JERSEY CITY, N.J. - In an unpublished opinion released Feb. 13, a New Jersey Superior Court Appellate Division panel affirmed summary judgment for a landlord in a dog bite suit after finding that a landlord was not aware that a dog owned by his tenants had dangerous propensities (Wendy L. Faircloth v...

Mealey's PI/Product Liability - County Says Judge's Widow's Asbestos Action Is Untimely Under Texas Law

HOUSTON - Texas law requires that claimants give notice of a workers' compensation claim within six months of the incident, rendering untimely a woman's asbestos action filed years after her husband retired as a judge, the county told a Texas appellate court on Feb. 12 (Jefferson County, Texas...

Mealey's PI/Product Liability - California Judge Overrules Defense Demurrers In Counties' Opioid Lawsuit

SANTA ANA, Calif. - A California state court judge on Feb. 13 overruled a demurrer by four opioid drug makers in a lawsuit brought by two counties and said the defendants have 45 days to file answers in the four-year-old case (California v. Purdue Pharma L.P., et al., No. 30-2014-00725287-CU- BT-CXC...

Mealey's PI/Product Liability - Ohio Appeals Panel Affirms Defense Verdict For Doctor And Practice

AKRON, Ohio - A majority of the Ninth District Ohio Court of Appeals on Feb. 14 affirmed a defense verdict in a medical malpractice suit after finding that the evidence supported the defense verdict in a suit where a woman claimed that her husband's heart attack and death was caused by the negligence...

Mealey's PI/Product Liability - Woman Files Class Action Suit Over Sherwin-Williams' Dock, Deck Resurfacer

CHICAGO - Two dock and deck resurfacing products made by Sherwin-Williams Co. and its subsidiaries are allegedly defective because they prematurely peel, bubble and crack, allowing the elements to penetrate the surface, a woman says in a nationwide class action suit filed Feb. 13 in Illinois federal...

Mealey's PI/Product Liability - Federal Judge Won't Extend Witness, Discovery Deadlines In Asbestos Case

KANSAS CITY, Kan. - A rail car company provided no justification for why it could not have identified an expert asbestos state-of-the-art witness prior to the passage of an already extended deadline, a federal judge in Kansas held Feb. 13 in denying a motion to extend discovery and disclosure periods...

Mealey's PI/Product Liability - Missouri Supreme Court Affirms $3.25 Million Verdict In Gunshot Case

JEFFERSON CITY, Mo. - A majority of the Missouri Supreme Court on Feb. 13 affirmed a $3.25 million verdict in a negligence suit after finding that a woman who was shot in the back of the head on her employer's property did not make improper arguments to the jury (Amie Wieland v. Owner-Operator Services...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms $250,000 Judgment In Premises Liability Suit

DALLAS - A panel of the Fifth District Texas Court of Appeals on Feb. 14 affirmed $250,000 in damages to a man who claimed that he crashed his motorcycle because of a dangerous condition on a state-owned road after finding that the evidence presented at trial was more than enough to show that the Texas...

Mealey's PI/Product Liability - Crane Co. Says Judgment Warranted Even After 3rd Circuit Bare-Metal Ruling

WILMINGTON, Del. - Recent Third Circuit precedent muddies the bare-metal defense, but ultimately does not save a man's case alleging exposure to third-party asbestos parts added to Crane Co. valves, the company argues in a supplemental brief filed with a judge in the U.S. District Court for the District...

Mealey's PI/Product Liability - Wisconsin Supreme Court Grants Review After Lower Court Summary Judgment Ruling

MILWAUKEE - The Wisconsin Supreme Court agreed to wade into an asbestos action on Feb. 14, accepting a case in which the lower court found that a man's failure to recall specific worksites was not fatal to his action (Russell Robertson, et al. v. Cleaver-Brooks Inc., et al., No. 2015AP2486, Wis....

Mealey's PI/Product Liability - Expert's Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's...