LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Jury Finds City, Railroad Company Not At Fault In Fatal Motorcycle Crash

SAN DIEGO - A California jury on Aug. 7 found that a railroad company and the city of San Diego were not liable for the death of a motorcyclist whose parents claimed that he died after running over a pothole and was ejected off of his bike (Estate of Jamie Scott Powell, et. al. v. City of San Diego,...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Summary Judgment In Dental Malpractice Suit

HOUSTON - A First District Texas Court of Appeals panel on Aug. 8 affirmed a trial court's order granting summary judgment to a dentist and his practice in a dental malpractice suit after finding that the claims were health care liability claims and subject to a two-year statute of limitations (Lover...

Mealey's PI/Product Liability - Man Says Builder Liable For Improper Stucco Installation, Resulting Damage

TAMPA, Fla. - A man sued the builder of his Gibsonton, Fla., home in Florida state court on Aug. 7, claiming that the stucco installed on his home did not satisfy the Florida Building Code or American Society for Testing and Materials (ASTM) standards, resulting in water intrusion and damage (Aaron Kater...

Mealey's PI/Product Liability - Judge Axes Expert's Late Report, Dismisses Negligence Claims Against Doctor

ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 8 awarded summary judgment to a doctor and his employer on an estate's wrongful death claims after excluding a late-filed expert report as untimely and, therefore, prejudicial (John Faure v. Community Health Systems Professional Services Corporation...

Mealey's PI/Product Liability - Pharmacists In Fungal Meningitis Outbreak Say Prosecutors Backtracking

BOSTON - Three former pharmacists who worked for New England Compounding Center (NECC) during a 2012 fungal meningitis outbreak on Aug. 9 told the First Circuit U.S. Court of Appeals that it should not reverse dismissal of certain criminal claims against them (United States of America v. Alla V. Stepanets...

Mealey's PI/Product Liability - Appeals Panel Reverses Summary Judgment For Casino In Slip-And-Fall Suit

JACKSON, Miss. - A Mississippi Court of Appeals panel on Aug. 8 reversed a summary judgment ruling for a casino in a slip-and-fall suit after finding that the plaintiff showed a genuine issue of fact over whether a puddle his wife slipped in was created by condensation from a vent on the ceiling (Peter...

Mealey's PI/Product Liability - Judge Bars Wal-Mart's Use Of Discovery Obtained From Deposition Of Physician

TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's...

Mealey's PI/Product Liability - Bayer, Plaintiffs Say They've Agreed To Settle Mirena IUD Perforation Claims

NEW YORK - Despite the parties' Aug. 11 disclosure that they have agreed to resolve Mirena intrauterine device (IUD) secondary perforation claims, the Second Circuit U.S. Court of Appeals that day denied a motion to adjourn Aug. 14 oral arguments about the exclusion of all plaintiffs causation experts...

Mealey's PI/Product Liability - N.J. Tax Court Judge Denies, Grants Summary Judgment Motions In Tobacco Tax Suit

TRENTON, N.J. - In an unpublished opinion, a New Jersey Tax Court judge on Aug. 9 found that a cigar wholesaler is not immune from a state tax on tobacco because it did not keep adequate records showing that it sold tobacco to an out-of-state buyer (Cigar Stop Inc. v. Director of the Division of Taxation...

Mealey's PI/Product Liability - Asbestos Discovery Master Says Alleged Conflicts Don't Warrant Disqualification

NEWARK, N.J. - The special master appointed to oversee discovery issues in a seven-year-old asbestos lawsuit involving allegations of fraud on the part of a talc defendant and its lawyer said in an Aug. 11 letter that a law firm's representation of an unrelated party does not disqualify him from...

Mealey's PI/Product Liability - Federal Magistrate Judge Remands Talcum Powder Suit To Missouri State Court

ST. LOUIS - A federal magistrate judge in Missouri on Aug. 10 ordered that a product liability case against Johnson & Johnson and the company that mines talc for it be remanded to state court because the defendants waited too long to remove the case and were not subject to the exception allowing...

Mealey's PI/Product Liability - Parents Sue United States, University Hospital Over Birth Defect

PHILADELPHIA - A couple whose son was born with a permanent shoulder injury on Aug. 10 filed suit against the United States and Temple University hospitals for not warning them about the dangers of giving birth (Aurieluis Mercado, et al., v. The United States, et al., No. 2:17-cv-03603, E.D. Pa.).

Mealey's PI/Product Liability - Celexa/Lexapro MDL Judge Denies Pediatric RICO Class Certification

BOSTON - A Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Aug. 15 denied certification of a class of adolescent users of the antidepressant, saying individual issues will predominate (In Re: Celexa and Lexapro, No. 09-2067, Delana S. Kiossovski, et al. v. Forest...

Mealey's PI/Product Liability - Opioid Distributor's Authority Revoked By DEA After Circuit Court Petition Fails

WASHINGTON, D.C. - Pharmaceutical distributor Masters Pharmaceutical Inc. on Aug. 14 had its registration to distribute controlled substances revoked after the District of Columbia Circuit U.S. Court of Appeals lifted its stay of the revocation (Masters Pharmaceutical, Inc. v. Drug Enforcement Administration...

Mealey's PI/Product Liability - Georgia Appeals Panel Reverses Summary Judgment In Medical Malpractice Suit

ATLANTA - A Georgia Court of Appeals panel on Aug. 14 found that a vicarious liability claim against a medical practice in a suit in which family members alleged negligent care led to a woman's death was not added to the suit after the two-year statute of limitations expired because it was not a...

Mealey's PI/Product Liability - Texas Appeals Panel Upholds Health Care Liability Claims Against Surgeon

HOUSTON - A Texas appellate panel on Aug. 15 upheld a lower court's decision to deny a surgeon's motion to dismiss a health care liability suit because the plaintiff's expert showed in his affidavit that there was a standard of care and that standard was breached (Marston Holt, M.D. v. Kirby...

Mealey's PI/Product Liability - Florida Jury Finds For Doctor In Medical Malpractice Suit

WEST PALM BEACH, Fla. - A jury in Florida found that a doctor was not negligent for failing to diagnose an obstruction found during a colonoscopy that was later found to be a tumor indicating colon cancer (Zaven Kazandijan, et al. v. David Vastola, No. 2015CA005637, Fla. 15th Jud. Cir., Palm Beach Co...

Mealey's PI/Product Liability - Federal Magistrate Judge: Expert's Opinion On Bath Mat's Suitability Is Reliable

KNOXVILLE, Tenn. - A mathematician can provide expert testimony regarding the suitability of a bath mat that allegedly caused a woman to slip and fall after coming out of a shower stall in a condominium, a federal magistrate judge in Tennessee ruled Aug. 11, holding that the expert was qualified and...

Mealey's PI/Product Liability - Parties Were Properly Aligned In Coverage Dispute, 6th Circuit Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's finding that parties were properly aligned in a dispute over whether additional coverage is owed to satisfy an underlying $3,736,278 judgment against an insured for breaching its duty to exercise ordinary...

Mealey's PI/Product Liability - Washington Panel Affirms No Coverage Ruling In Intentional Act Dispute

SEATTLE - A Washington appeals panel on Aug. 14 found that because an insured intentionally struck another person in the face several times and the harm of a broken jaw was reasonably foreseeable, there are no issues of material fact regarding whether the insured's act was intentional (State Farm...

Mealey's PI/Product Liability - Tennessee Appeals Panel Affirms Summary Judgment In Premises Liability Suit

JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County...

Mealey's PI/Product Liability - Texas Appeals Panel Finds City Is Immune From Premises Liability Suit

DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).

Mealey's PI/Product Liability - Plaintiff Urges Florida Court To Allow Asbestos Experts, Award, Reject Daubert

TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182,...

Mealey's PI/Product Liability - Standard-Of-Care Opinions Allowed In Suit Over Veteran's Suicide

KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge...

Mealey's PI/Product Liability - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert...