LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge Finds Evidence Lacking In Asbestos Case Against Joint Compound Maker

WILMINGTON, Del. - The record in an asbestos case does not support the conclusions regarding exposure a widow claims it does, a Delaware judge held Sept. 12 in granting summary judgment (In re: Asbestos Litigation, Thelma Lempert, et al. v. CertainTeed Corp., et al., No. N15C-05-221 ASB, Del. Super....

Mealey's PI/Product Liability - Couple: Tort Didn't Impact Bankruptcy, Lack Of Disclosure Shouldn't Bar Action

NEW YORK - Failing to disclose an asbestos claim that arose after confirmation and complete repayment under a bankruptcy plan is not the type of conduct that requires imposing judicial estoppel, a couple told the Second Circuit U.S. Court of Appeals Sept. 12 (John Clark, et al. v. AII Acquisition LLC...

Mealey's PI/Product Liability - EpiPen Consumer, Competitor Claims Put On Separate Tracks In Multidistrict Litigation

TOPEKA, Kan. - The Kansas federal judge overseeing the new EpiPen multidistrict litigation on Sept. 14 ordered separate tracks for consumer class claims and an antitrust lawsuit (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan.).

Mealey's PI/Product Liability - Incretin Mimetic Appeal Must Address 3rd Circuit Case, 9th Circuit Tells Parties

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 15 told parties in the incretin mimetics multidistrict litigation appeal that it wants them to address the effect of the Third Circuit's warnings ruling in the Fosamax femur fracture multidistrict litigation when their case comes up...

Mealey's PI/Product Liability - 6th Circuit Affirms Dismissal Of Ship Owners In Asbestos Cases

DETROIT - Dismissal for ship owners for lack of jurisdiction in thousands of Merchant Marine asbestos cases was proper, the Sixth Circuit U.S. Court of Appeals held Sept. 13 (Henry Kalama, et al. v. Matson Navigation Co. Inc., et al., No. 16-3408, 6th Cir., 2017 U.S. App. LEXIS 17931).

Mealey's PI/Product Liability - MDL Judge Denies Interlocutory Appeal Of AndroGel Failure-To-Warn Preemption Issue

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 18 denied a motion by defendants AbbVie Inc. and Abbott Laboratories to certify for interlocutory appeal the court's ruling denying summary judgment on failure-to-warn claims (In...

Mealey's PI/Product Liability - St. Jude Spinal Stimulator Case Dismissed As Preempted With Leave To Amend

WILMINGTON, Del. - A Delaware federal judge on Sept. 15 said a plaintiff in a Protege Spinal Cord Stimulator case cannot overcome federal preemption of her claims but can file an amended complaint to state more plausible claims (Kathleen M. Freed, et al. v. St. Jude Medical, Inc., et al., No. 17-1128...

Mealey's PI/Product Liability - 3rd Circuit Panel Affirms Summary Judgment In Wrongful Death Suit

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeal on Sept. 18 found that a trial court did not err in granting summary judgment to a university and its affiliates in a wrongful death suit because a woman who claimed that her husband developed cancer and died from radiation exposure during...

Mealey's PI/Product Liability - Tennessee Appeals Panel Orders New Trial In Medical Malpractice Case

KNOXVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Sept. 18 reversed a defense verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by instructing the jury on the sudden emergency doctrine (Brittany Nicole VanDyke v. Brooke E. Foulk, M.D...

Mealey's PI/Product Liability - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...

Mealey's PI/Product Liability - Illinois Appeals Panel Reverses Dismissal Of Medical Negligence Suit

ELGIN, Ill. - A panel of the Second District Illinois Appellate Court in a Sept. 14 unpublished opinion found that a trial court properly dismissed a woman's claim that a doctor and a hospital failed to inform her of the results of a test; however, it said the trial court erred in dismissing a claim...

Mealey's PI/Product Liability - Judgment Bid Snuffed By Admission Of Experts In MRSA Damages Action

COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's...

Mealey's PI/Product Liability - 2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston

BOSTON - A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

Mealey's PI/Product Liability - Judgment For Defense Affirmed In Medical Malpractice Suit

COLUMBUS, Ohio - A panel of the 10th District Ohio Court of Appeals on Sept. 19 affirmed a trial court's ruling in favor of a university hospital after finding that a doctor did not breach the standard of care by releasing a psychiatric patient who committed suicide shortly after being discharged...

Mealey's PI/Product Liability - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y...

Mealey's PI/Product Liability - Jury Awards $10 Million To Surviving Family Members In Medical Negligence Suit

DUBUQUE, Iowa - A jury in an Iowa state court on Sept. 20 awarded $10 million to the surviving wife and son of a man who died because of a certified registered nurse anesthetist's (CRNA) negligence while giving a man anesthesia during surgery (John Pellock, et al. v. Mississippi Valley Anesthesiology...

Mealey's PI/Product Liability - Arizona Appeals Panel Orders New Trial In Medical Malpractice Suit

PHOENIX - In an unpublished opinion, a panel of the Division I Arizona Court of Appeals on Sept. 19 found that a trial court erred in instructing the jury on assumption of risk in a medical malpractice trial and ordered a new trial for a woman who claims that a doctor was negligent in prescribing her...

Mealey's PI/Product Liability - Zimmer Sales Rep Loses Discharge Trial, Owes Company $125,000 For Breach Of Duty

ALLENTOWN, Pa. - A Pennsylvania federal court jury on Sept. 21 found that Zimmer Biomet Inc. did not wrongfully discharge a sales representative and found that the sales representative instead breached his duty not to disclose information about Zimmer and its customers and owes his former employer $125...

Mealey's PI/Product Liability - 11th Circuit Asks Texas High Court When Discovery Rule Started In Pelvic Mesh Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 20 asked the Texas Supreme Court to rule whether a pelvic mesh plaintiff has to know of the defendant's alleged wrongdoing before her claim accrues under the Texas discovery rule (Ann Marie Bergin v. Mentor Worldwide LLC, et al., No. 16-14364...

Mealey's PI/Product Liability - 4th DePuy Pinnacle Hip MDL Trial Under Way In Texas With 6 Plaintiffs

DALLAS - The fourth DePuy Pinnacle hip multidistrict trial got under way Sept. 20 in the U.S. District Court for the Northern District of Texas with six New York plaintiffs (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea,...

Mealey's PI/Product Liability - Daughter Of Aaron Hernandez Sues NFL, Patriots After Discovery Of CTE

BOSTON - The widow of former New England Patriots tight end Aaron Hernandez filed suit on Sept. 21 on behalf of her daughter against the National Football League (NFL) and the Patriots following an autopsy that found that the former player convicted of murder had chronic traumatic encephalopathy (CTE...

Mealey's PI/Product Liability - Federal Magistrate Judge Denies Summary Judgement In Slip-And-Fall Suit

DENVER - A federal magistrate judge in Colorado on Sept. 20 denied a property owner and property management's motion for summary judgment after finding that there is a genuine question of fact over whether the defendants knew or should have known about black ice and that the trier of fact must determine...

Mealey's PI/Product Liability - Advocacy Group Wants Asbestos Experts Rejected, Asks Florida To Adopt Daubert

TALLAHASSEE, Fla. - The Florida Supreme Court should use an asbestos case to adopt the superior standard for reviewing evidence espoused in Daubert regardless of the constitutionality of the Legislature's attempt to do so and reject the opinion that any exposure to asbestos contributes to disease...

Mealey's PI/Product Liability - Massachusetts Jury Awards $7.55M In Asbestos-Insulation Case

WOBURN, Mass. - A Massachusetts jury on Sept. 20 found a company liable under negligence and breach of warranty claims for its installation of asbestos-containing insulation and awarded a couple $7.55 million for a man's resulting mesothelioma (Gerald and Marjorie Sylvestre v. New England Insulation...

Mealey's PI/Product Liability - Design Defect Opinions Admitted In Suit Over Rollover Crash Of Pickup

DENVER - A Colorado federal judge on Sept. 19 declined to exclude design defect opinions of an expert for a man who was paralyzed in a rollover crash of a pickup truck, saying the defendant manufacturers' objections relate to the weight that should be given to the expert's testimony and not whether...