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Mealey's PI/Product Liability - Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling

SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the...

Mealey's PI/Product Liability - California High Court Finds Duty To Prevent Household Asbestos Exposures

SACRAMENTO, Calif. - California imposes a duty on employers and premises owners to prevent reasonably foreseeable asbestos exposures to household members, the state Supreme Court held Dec. 1 (Johnny Blaine Kesner v. Superior Court of California for the County of Alameda, No. S219534, Haver v. BNSF, No...

Mealey's PI/Product Liability - Georgia Top Court: Manufacturer Had No Duty To Warn Of Take-Home Exposures

ATLANTA - A manufacturer of asbestos-containing pipe had no duty to warn about the potential danger of take-home exposures, Georgia's top court held Nov. 30, while finding that such a duty would be impractical in practice and would unreasonably shift responsibility to the product user (CertainTeed...

Mealey's PI/Product Liability - Judge: Fact Issue Exists As To Whether Professional Services Exclusion Was In Policy

JONESBORO, Ark. - Ruling on dueling summary judgment motions, an Arkansas federal judge concluded Nov. 28 that there is a genuine factual dispute concerning whether a professional services exclusion was included in a commercial general liability insurance policy when an underlying injury occurred at...

Mealey's PI/Product Liability - $1B Verdict Returned In 6-Plaintiff Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Dec. 1 returned a verdict of more than $1 billion in favor of six plaintiffs in the second DePuy Pinnacle hip multidistrict litigation bellwether trial (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631...

Mealey's PI/Product Liability - Judge Dismisses Case, Finds Personal Jurisdiction Lacking In Asbestos Action

NEW ORLEANS - A company's uncontested evidence that it had no contacts in Louisiana overcomes conclusory statements and suffices for a finding that a court lacks personal jurisdiction over it, a federal judge in Louisiana held Nov. 30 (Breck Williams, et al. v. Rust Engineering & Construction...

Mealey's PI/Product Liability - Homeowners' Defects Suit Requires Presuit Notification, Appeals Court Says

SACRAMENTO, Calif. - A California appeals panel on Dec. 2 granted a home builder's request for a writ of mandate after finding that a trial court erred in denying its motion to stay on the ground that a lawsuit filed by a group of homeowners is not subject to the presuit notification requirement...

Mealey's PI/Product Liability - Florida Appellate Panel Reverses Summary Judgment In Dog Bite Suit

MIAMI - A Florida appellate panel on Nov. 30 reversed summary judgment in favor of a guard dog company in a dog bite suit because Florida's dog bite law "imposes strict liability on dog owners, subject only to a plaintiff's comparative negligence, which in this case must be determined by...

Mealey's PI/Product Liability - NHL Answers Former Players' 2nd Amended Complaint In Concussion MDL

MINNEAPOLIS - The National Hockey League (NHL) on Dec. 1 responded to a second amended complaint filed in the concussion multidistrict litigation in federal court in Minnesota, saying the league's conduct was not illegal and it is not responsible for the alleged injuries the former players sustained...

Mealey's PI/Product Liability - Mentor ObTape MDL Judge Reverses Ruling On Statute Of Limitations

COLUMBUS, Ga. - The Georgia federal judge overseeing the Mentor ObTape pelvic mesh multidistrict litigation on Dec. 5 reversed summary judgment in one "unique" case, finding on reconsideration that there is a factual dispute as to when the plaintiff became aware that the device was the cause...

Mealey's PI/Product Liability - Illinois Appellate Panel Reverses Summary Judgment In Negligence Suit

ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle...

Mealey's PI/Product Liability - Judge Finds Affidavits Filed In Other Cases, Courts Support Removal

BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Mealey's PI/Product Liability - Medical Malpractice Suit Filed Against California Dentist, Dental Practice

SANTA ANA, Calif. - The family of a 6-year-old girl who was injured while undergoing a "baby root canal" procedure filed suit on Dec. 5 in California state court against the dentist who performed the procedure and the practice for which he worked (Ericka Lorena Mendez, et al. v. Jerry Minsky...

Mealey's PI/Product Liability - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement...

Mealey's PI/Product Liability - Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit

FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative...

Mealey's PI/Product Liability - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp....

Mealey's PI/Product Liability - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...

Mealey's PI/Product Liability - Sperm Donor MDL Denied By Federal Judicial Panel; Minimal Cases Cited

WASHINGTON, D.C. - Six federal lawsuits alleging that a sperm bank misrepresented the qualities of a donor do not need to be centralized in a multidistrict litigation, the Judicial Panel on Multidistrict Litigation (JPMDL) ruled Dec. 7 (In Re: Xytex Corporation Sperm Donor Products Liability Litigation...

Mealey's PI/Product Liability - Invokana Diabetes Drug MDL Created, Assigned To Judge Martinotti In New Jersey

WASHINGTON, D.C. - Almost 100 federal lawsuits alleging that the diabetes drug Invokana causes diabetic ketoacidosis and kidney damages were centralized Dec. 7 before Judge Brian R. Martinotti of the U.S. District Court for the District of New Jersey (In Re: Invokana [Canagliflozin] Products Liability...

Mealey's PI/Product Liability - Summary Judgment Partially Granted In C.R. Bard Pelvic Mesh Case

CHARLESTON, W.Va. - The West Virginia federal judge overseeing the C.R. Bard Inc. pelvic mesh multidistrict litigation on Dec. 6 granted partial summary judgment in the case of a Connecticut plaintiff but denied summary judgment on the issue of punitive damages and other claims (Penny Havanick v. C.R...

Mealey's PI/Product Liability - C-Qur Surgical Mesh MDL Created, Sent To Judge McCafferty In New Hampshire

WASHINGTON, D.C. - Twenty-one federal lawsuits in which plaintiffs allege that they suffered an inflammatory reaction to the C-Qur surgical mesh patch were centralized Dec. 8 in a multidistrict litigation before U.S. Judge Landya B. McCafferty of the District of New Hampshire (In Re: Atrium Medical Corp...

Mealey's PI/Product Liability - 6 Former Insys Executives Indicted For Paying Kickbacks For Opioid Scripts

BOSTON - Six former executives and managers of drug maker Insys Therapeutics Inc. were indicted Dec. 6 for racketeering, mail fraud and wire fraud conspiracy for allegedly bribing medical practitioners to prescribe Subsys, a fentanyl-containing pain drug, and for defrauding medical insurers, according...

Mealey's PI/Product Liability - 8th Circuit Affirms Denial Of New Trial For Man Injured By Farming Equipment

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 7 affirmed the denial of a motion for a new trial after finding that the trial court correctly denied an injured man's proposed jury instruction for premises liability in a negligence suit (James Lasley v. Running Supply Inc., No. 15-3351...

Mealey's PI/Product Liability - Woman Must Pursue Injury Claims Against Casino In Tribal Court, Judge Says

ANDERSON, S.C. - A South Carolina federal judge on Dec. 7 dismissed a woman's slip-and-fall personal injury case against a casino operated by the Eastern Band of Cherokee Indians, finding that the plaintiff failed to exhaust her remedies in tribal court (Dreama Sullivan v. Harrah's Operating...

Mealey's PI/Product Liability - Judge: Asbestos Document Request Overly Broad, But Some Production Warranted

PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held...