LexisNexis® Legal Newsroom
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...

Mealey's PI/Product Liability - West Virginia Opioid Suit Remanded To State Court For 2nd Time

CHARLESTON, W.Va. - A West Virginia federal judge on Feb. 15 remanded for a second time West Virginia's lawsuit against drug distributor McKesson Corp. for allegedly violating state law by not flagging suspicious shipments of opioid drugs (West Virginia, et al. v. McKesson Corporation, No. 17-3555...

Mealey's PI/Product Liability - Pennsylvania Appeals Court Orders New Trial For Stainless Steel Tubing Maker

PHILADELPHIA - A trial court judge erred when denying a corrugated stainless steel tube (CSST) manufacturer's motion for a new products liability trial because the jury was improperly instructed on whether the product was unreasonably dangerous, a Pennsylvania appeals panel held Feb. 16 in reversing...

Mealey's PI/Product Liability - Allergan Reports It Settled TNS Cosmeceuticals Case Ahead Of Class Motion

SANTA ANA, Calif. - Allergan plc and subsidiary SkinMedica on Feb. 16 said they settled a purported class action lawsuit alleging that certain "cosmeceuticals" contain undeclared and unapproved human growth factors (Josette Ruhnke, et al. v. SkinMedica, Inc., et al., No. 14-420, C.D. Calif...

Mealey's PI/Product Liability - Mississippi High Court Affirms Keeping Medical Malpractice Trial In Hinds County

JACKSON, Miss. - A Mississippi Supreme Court majority on Feb. 15 affirmed a trial court's decision to deny a motion to sever and transfer a medical malpractice suit to another county after finding that there is no language in a state statute that prohibits permissive joinder (Mississippi Baptist...

Mealey's PI/Product Liability - $680,000 Risperdal Verdict Stands, But Appeals Court Remands Denial Of Punitives

PHILADELPHIA - The Pennsylvania Superior Court on Feb. 20 remanded a Risperdal gynecomastia verdict to the trial court so the plaintiff can develop an individual record about the unique conflict of laws principles relevant to his case (Nicholas Murray v. Janssen Pharmaceuticals, Inc., et al., Nos. 1172...

Mealey's PI/Product Liability - Judge Finds Majority Of Claims Against Composite Deck Maker Are Untimely

BOSTON - A federal judge in Massachusetts on Feb. 15 dismissed breach of implied warranty claims brought by three of four leading plaintiffs in a class action suit over allegedly faulty composite decking that prematurely swells and cracks, finding that the claims were untimely because they accrued at...

Mealey's PI/Product Liability - Alabama Supreme Court Orders Arbitration In Nursing Home Injury Suit

MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 16 found that a trial court erred in denying a nursing home's motion to compel arbitration because the lease signed by a woman who claimed her mother was injured during an altercation at the home indicates that all claims against the home that...

Mealey's PI/Product Liability - Mississippi Top Court Allows Asbestos Trust Setoffs From FELA Verdict

JACKSON, Miss. - Nothing in the state's precedent or the Federal Employers' Liability Act (FELA) precludes setting off an asbestos verdict with amounts recovered from asbestos trusts, a divided Mississippi Supreme Court held Feb. 15 (Illinois Central Railroad Co. v. Bennie Oakes, et al., No....

Mealey's PI/Product Liability - New York Top Court To Decide If Coke Oven Falls Under Asbestos Products Liability

BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District...

Mealey's PI/Product Liability - Claimants Seek Benefits From New Jersey Insurance Guaranty Association

TRENTON, N.J. - Two claimants allege in a Feb. 16 complaint filed in the New Jersey federal court that they are entitled to benefits from the New Jersey Property Liability Guaranty Association (NJPLIGA) for injuries arising from a motor vehicle accident involving an unidentified motor vehicle owner and...

Mealey's PI/Product Liability - Top Court Told $10M Asbestos Punitive Damages Award Rests On Solid Footing

WASHINGTON, D.C. - No confusion exists among the courts on the standard for evaluating punitive damages awards, and the one Crane Co. seeks in attempting to overturn a $10 million asbestos award is both self-serving and short-sighted, a woman told the U.S. Supreme Court Feb. 20 (Crane Co. v. Jeanette...

Mealey's PI/Product Liability - Panel Orders Lower Court Grant Summary Judgment In Premises Liability Suit

ATLANTA - A panel of the First Division Georgia Court of Appeals on Feb. 20 reversed a trial court order denying summary judgment to a store and its landlord in a premises liability suit after finding that a woman who was hit by a car knew about the danger of stepping in front of a moving car (Cherokee...

Mealey's PI/Product Liability - Massachusetts Appeals Panel Affirms Dismissal Of Medical Malpractice Complaint

BOSTON - A panel of the Massachusetts Appeals Court on Feb. 21 affirmed a trial court's decision to dismiss a complaint in a medical malpractice suit in which a woman claimed that she was injured because of a botched surgery after finding that the statute of limitations to file the suit had expired...

Mealey's PI/Product Liability - Refinery Will Appeal $2.86M Asbestos Renal Cancer Verdict

SAN FRANCISCO - A refinery company filed a notice of appeal on Feb. 20, indicating its intent to challenge an asbestos renal cancer verdict that left it liable for $133,072.23 (John M. Silva v. Albay Construction Co., et al., No. CGC-15-276384, Calif. Super., San Francisco Co.).

Mealey's PI/Product Liability - 6th Circuit Says Bone-Growth Appeal Issues Weren't Preserved By Plaintiffs

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 22 affirmed the preemption dismissal of a bone-growth product liability lawsuit filed by 53 plaintiffs, finding that they forfeited key arguments they raised on appeal (Michelle Agee, et al. v. Alphatec Spine, Inc., et al., No. 17-3296, 6th...

Mealey's PI/Product Liability - 3rd Circuit Panel Upholds Summary Judgment In Food Poisoning Suit

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Feb. 21 affirmed a trial court's decision to grant summary judgment to a restaurant where a woman claimed that she contracted an infection from the clams because she did not prove that the restaurant created the defect in the clams...

Mealey's PI/Product Liability - New Jersey Jury Hears Expert Testimony On Possibility That Asbestos Tainted Talc

TRENTON, N.J. - A materials scientist told a New Jersey jury on Feb. 20 that it was his opinion that a man's mesothelioma arose from exposure to asbestos in talc products he used nearly daily for his entire life, but under cross-examination admitted that the government had not found any evidence...

Mealey's PI/Product Liability - Documentary Filmmaker Can't Get Video Depositions From Theranos Investor Lawsuit

GEORGETOWN, Del. - A Delaware chancery court judge on April 23 ruled that a documentary filmmaker has no right to access videotaped depositions from a Theranos Inc. investor lawsuit that were not part of the court record (Partner Investments, L.P., et al. v. Theranos, Inc., et al., Nos. 12816 and 2017...

Mealey's PI/Product Liability - Judge Says Health Insurer Is Bound By Agreement In Provigil Reverse Payment Case

PHILADELPHIA - A Pennsylvania federal judge on April 20 denied a motion by UnitedHealthcare Services Inc. for summary judgment declaring that a $125 million memorandum of understanding (MOU) between health payers and Teva Pharmaceutical Industries Ltd. in a Provigil reverse settlement case is not binding...

Mealey's PI/Product Liability - Idaho High Court Revives Couple's Negligence Claim Over Faulty Tub Installation

BOISE, Idaho - The Idaho Supreme Court on April 24 reinstated a couple's negligence claim based on a plumber's failure to properly install a bathtub in their vacation home, holding that the plaintiffs did not need to strictly comply with the notice requirements of the state's Notice and Opportunity...

Mealey's PI/Product Liability - Abilify Tardive Dyskinesia Case Dismissed As Time-Barred

BATON ROUGE, La. - A Louisiana federal judge on April 24 granted summary judgment in an Abilify injury case, finding that the plaintiff was aware that his tardive dyskinesia symptoms were related to the atypical antipsychotic more than a year before filing his lawsuit (Raymond Crochet v. Bristol Myers...

Mealey's PI/Product Liability - Certiorari Denied In Malpractice Case Stemming From Catheterization

WASHINGTON, D.C. - The U.S. Supreme Court on April 23 announced that it will not review allegations that a Texas hospital maintained an official policy of concealing or covering up negligent patient care, leaving intact an October 2017 affirmance by the Fifth Circuit U.S. Court of Appeals of dismissal...