LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Ordinary Negligence Standard Applies To Boating Accident Case

GRAND RAPIDS, Mich. - A federal judge in Michigan on Feb. 8 found that a Michigan statute regulating watercraft declares that the operation of a boat is subject to a negligence standard of care (James Fastabend, next friend of C.F. v. Merle Karberg, et al., No. 15-cv-00386, W.D. Mich., 2017 U.S. Dist...

Mealey's PI/Product Liability - FDA: Intragastic Weight-Loss Balloons May Overinflate, Cause Acute Pancreatitis

SILVER SPRING, Md. - The Food and Drug Administration on Feb. 9 said it has received multiple adverse event reports about fluid-filled intragastric weight-loss balloons spontaneously overinflating or causing acute pancreatitis, requiring removal.

Mealey's PI/Product Liability - Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits

CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al....

Mealey's PI/Product Liability - Master Settlement Reached In Tylenol Liver Injury Cases; Terms Are Undisclosed

PHILADELPHIA - The McNeil Consumer Healthcare division of Johnson & Johnson has agreed to pay a confidential amount to settle more than 200 Tylenol liver injury lawsuits, according to two documents filed Feb. 10 in the Tylenol multidistrict litigation court (In Re: Tylenol [Acetaminophen] Marketing...

Mealey's PI/Product Liability - 4th Circuit Asked To Rehear Whether 510(k) Evidence Belongs In Pelvic Mesh Trial

RICHMOND, Va. - Ethicon Inc. and parent company Johnson & Johnson on Feb. 9 petitioned the Fourth Circuit U.S. Court of Appeals to grant an en banc rehearing on the issue whether any evidence about Food and Drug Administration dealings with 510(k)-cleared medical devices is admissible in a product...

Mealey's PI/Product Liability - Theranos Dismissal Motion Mooted By Filing Of Amended Class Action Complaint

PHOENIX - An Arizona federal judge on Feb. 10 dismissed as moot a motion to dismiss a RICO class action complaint against Theranos Inc. after the parties agreed to the filing of an amended, consolidated class complaint (In Re: Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz.).

Mealey's PI/Product Liability - Suit Filed Over Exploding Vaping Device In California State Court

RIVERSIDE, Calif. - A man filed a product liability suit on Feb. 9 against a tobacco shop that sold him a vape and the makers of the vape and its parts after the device exploded and caused him to burn himself (Christopher Crowder v. Tobacco Expo, et al., No. RIC 1702394, Calif. Super., Riverside Co....

Mealey's PI/Product Liability - Judge Substantially Denies Dismissal Of Claims In Securities Class Action

DENVER - Shareholders have pleaded a majority of their claims against defendants in a securities class action lawsuit against a drug maker, certain of its current and former executive officers and others, a federal judge in Colorado found Feb. 9 in ruling on three different dismissal motions (Sonny P...

Mealey's PI/Product Liability - 10th Circuit Rejects Claim That Excessive Force In Search Caused Man's Suicide

DENVER - The federal government's use of at least 22 armed agents wearing bullet-proof vests to search for illegally taken Native American artifacts at the house of a Utah doctor who killed himself the day after the search does not constitute excessive force, the 10th Circuit U.S. Court of Appeals...

Mealey's PI/Product Liability - Texas Appeals Panel Reverses Summary Judgment In Wrongful Death Suit

HOUSTON - A Texas appellate panel on Feb. 14 found that a trial court erred by denying summary judgment to a hospital accused of failing prevent a patient, who was later killed by a train, from escaping because under Texas law, the hospital was immune from the suit and not subject to a waiver of immunity...

Mealey's PI/Product Liability - Illinois Federal Judge Won't Exclude Expert In Case About Bone-Lengthening Device

CHICAGO - An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).

Mealey's PI/Product Liability - Arizona High Court Considers Asbestos Take-Home Exposure Case

PHOENIX - The Arizona Supreme Court on Feb. 14 agreed to hear a woman's case claiming that state law imposes liability for take-home asbestos exposures, according to the court's docket (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup.; 2016 AZ S. Ct. Briefs LEXIS 221).

Mealey's PI/Product Liability - West Virginia Court Rules Zoloft Heart Defect Cases Need Labeling Expert

CHARLESTON, W.Va. - A West Virginia state judicial panel on Feb. 15 granted summary judgment to Pfizer Inc. in two Zoloft heart defect cases, ruling that the plaintiffs require expert testimony to establish failure to warn and that they cannot rely on record evidence or even the defendants' own witnesses...

Mealey's PI/Product Liability - Motion For LFIT Hip MDL To Be Heard March 30; Defendant Opposes

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 14 scheduled arguments about whether federal lawsuits involving the Stryker Orthopaedics LFIT V40 femoral head hip device should be centralized (In Re: Stryker Orthopaedics LFIT V40 Femoral Head Products Liability Litigation...

Mealey's PI/Product Liability - California Appeals Panel Reverses Summary Judgment In Premises Liability Suit

LOS ANGELES - A California appellate panel on Feb. 14 found that there are triable issues of material fact in a case in which a woman who was injured falling down the stairs of her apartment building alleged that the steps were made in a dangerous condition, reversing summary judgment that was granted...

Mealey's PI/Product Liability - Houston Texans Oppose Motion To Remand Injury Suit To State Court

HOUSTON - The Houston Texans say in a Feb. 14 brief opposing remand that former National Football League player DeMeco Ryans' state law claims that he injured himself because of faulty turf are wrapped up in the collective bargaining agreement (CBA) he signed with the league and should be kept in...

Mealey's PI/Product Liability - Zimmer Biomet Shoulder Device Recalled For High Fracture Rate, FDA Says

SILVER SPRING, Md. - Zimmer Biomet has recalled its Comprehensive Reverse Shoulder because the prosthesis is fracturing at a higher rate than listed on the device's label, the Food and Drug Administration announced Feb. 16.

Mealey's PI/Product Liability - Justice Finds No Evidence Of Continuity Of Ownership, Grants Judgment

NEW YORK - Despite the potential unfairness given the facts of a case, asbestos plaintiffs must demonstrate a continuity of ownership to show that an asset purchase constituted a de facto merger until a New York appellate court changes the standard, a New York justice held Feb. 15 in granting summary...

Mealey's PI/Product Liability - Trades Council Appointed Lead Plaintiff In Securities Class Action Lawsuit

SAN FRANCISCO - A shareholder has met all statutory requirements to serve as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain current and former executive officers over their alleged misrepresentations concerning their involvement in a generic drug price...

Mealey's PI/Product Liability - New Jersey Appeals Panel Says Plaintiff Can Sue For Most Recent Recall Of Wipes

TRENTON, N.J. - A New Jersey appeals court on Feb. 16 said a plaintiff who claims that he was infected by recalled medical wipes missed the state statute of limitations for one lot but not the second (Kenneth Nicolosi, et al. v. Smith and Nephew, Inc., et al., No. 1-1108-15T2, N.J. Super., App. Div....

Mealey's PI/Product Liability - Jury Awards $3.95 Million To Survivors Of Fatal Truck Crash

OCALA, Fla. - A Florida jury on Feb. 17 awarded a man and his daughter a total of $3.95 million in compensatory damages for the loss of two family members who were killed when a truck driver collided with their car, which had been disabled after being hit by a drunken driver; however, the jury found...

Mealey's PI/Product Liability - Appeals Court Orders New Trial After Judge Overseeing Defects Case Retires

PHILADELPHIA - A Pennsylvania appeals panel on Feb. 17 ordered a new trial on liability and damages in a construction defects case after learning that the judge who presided over the suit had retired and that no other judge could prepare a supplemental opinion explaining his rulings (Leo J. Dolan v....

Mealey's PI/Product Liability - Alabama Supreme Court Reverses Summary Judgment In Medical Malpractice Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 17 reversed summary judgment in favor of a chiropractor and the clinic he owns after finding that a woman who claimed that she got blisters after being treated did not need to present an expert witness to determine whether the chiropractor breached...

Mealey's PI/Product Liability - Sorin Opposes MDL For Cases For Blood Temperature Device; Hearing March 30

WASHINGTON, D.C. - The manufacturer of a surgical blood temperature device on Feb. 17 opposed centralization of 15 federal lawsuits alleging intraoperative infections because there are too few cases and too few common issues of fact (In Re: Sorin 3T Heater-Cooler System Products Liability Litigation...

Mealey's PI/Product Liability - Pella Says Plaintiffs' Arguments For Reconsideration Have Already Been Rejected

CHARLESTON, S.C. - Pella Corp. says in an opposition brief filed Feb. 16 that a federal judge in South Carolina should not reconsider his Dec. 12 ruling that plaintiffs' experts' opinions about defects in the company's Architect and Designer Series windows are unreliable because the plaintiffs'...