LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Biomechanical Testimony In Crash Suit Sound, Helpful, Judge Rules

TAMPA, Fla. - A Florida federal judge on July 17 declined to strike testimony from an insurer's biomechanical expert on the forces required to cause a woman's alleged injuries in a rear-end car accident, finding that the expert meets the admissibility standards established by 11th Circuit U.S...

Mealey's PI/Product Liability - Prosecutors Seek More Than $76.11M In Forfeiture From Convicted NECC Head

BOSTON - Federal prosecutors on July 18 recommended that a federal court order former New England Compounding Center (NECC) President Barry J. Cadden to pay more than $76.11 million in restitution and forfeiture following his sentencing for racketeering, mail fraud and selling misbranded drugs in connection...

Mealey's PI/Product Liability - Eliquis MDL Judge OKs Motion Ending Plaintiff Leadership After Cases Dismissed

NEW YORK - The New York federal judge overseeing the Eliquis multidistrict litigation on July 17 granted a motion to relieve the plaintiffs' leadership of its duties after the court effectively dismissed most of the MDL cases (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No...

Mealey's PI/Product Liability - State Taxotere Class Denied By MDL Court Due To Individual Issues

NEW ORLEANS - A Louisiana federal judge on July 17 denied certification of a class of Louisiana women who permanently lost their hair after undergoing chemotherapy with Taxotere or docetaxel, agreeing with defendant Sanofi-Aventis U.S. LLC that individual issues predominate over common ones (In Re: Taxotere...

Mealey's PI/Product Liability - Florida Jury Finds For Ford In Air Bag Defect Lawsuit

WEST PALM BEACH, Fla. - A Florida jury on July 18 found in favor of Ford Motor Co. Inc. in a suit in which the plaintiff claimed that the automaker negligently installed an air bag with a manufacturing defect that caused a fatal car crash (Ramon Llera v. Ford Motor Co. Inc., No. 2005CA001924, Fla. 15th...

Mealey's PI/Product Liability - Illinois Appeals Panel Upholds Defense Verdict In Medical Negligence Suit

CHICAGO - An Illinois appeals panel on July 17 affirmed a defense verdict in a medical negligence suit after finding that the trial court did not err in barring certain testimony from the plaintiff's expert witness and in refusing to give the jury an instruction on contributory negligence (Zbigniew...

Mealey's PI/Product Liability - Pennsylvania Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit

HARRISBURG, Pa. - A Pennsylvania Superior Court panel on July 18 upheld a defense verdict in favor of a hospital and a university that sent students to be residents at the hospital in a medical malpractice suit after finding that the trial court did not err in excluding the plaintiff's expert witness...

Mealey's PI/Product Liability - Actos MDL Judge Approves $166M In Common Benefit Fees

LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos bladder injury multidistrict litigation on July 17 approved plaintiffs' common benefit fees totaling $166.8 million and costs totaling $14.85 million (In Re: Actos, No. 11-md-2299, W.D. La., Lafayette Div., 2017 U.S. Dist. LEXIS 110956...

Mealey's PI/Product Liability - Connecticut Federal Jury Awards $2.8 Million To Family Of Girl In GM Car Crash

NEW HAVEN, Conn. - A federal jury in Connecticut on July 17 found that General Motors LLC failed to warn about a "known or knowledgeable danger" in one of its vehicles and awarded the family of a girl who died when the car started rolling on its own $2.8 million (Bernard Pitterman, et al. v...

Mealey's PI/Product Liability - Couple Sues Doctor, Practice Over Negligence During Surgery

CHICAGO - A woman and her husband filed a medical negligence suit against a doctor and the practice he worked for in Illinois federal court on July 17, claiming that the doctor was negligent because he breached the standard of care during surgery (Alivia L. Greenfield, et al. v. The Monroe Clinic, Inc...

Mealey's PI/Product Liability - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby...

Mealey's PI/Product Liability - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New...

Mealey's PI/Product Liability - Judge Declines To Allow Amendment To Add LIGA To Personal Injury Lawsuit

NEW ORLEANS - A Louisiana federal judge on July 19 refused to allow two insureds leave to amend their complaint to add Louisiana Insurance Guaranty Association (LIGA) as a defendant in substitute for an insolvent insurer in their personal injury lawsuit (Sherry Landry, et al. v. Circle K Stores Inc....

Mealey's PI/Product Liability - Partial Summary Judgment Granted In Blood Reagent Antitrust MDL

PHILADELPHIA - Blood reagent manufacturer Ortho-Clinical Diagnostics Inc. will face antitrust allegations that a 2001 price increase was fixed and that the defendant fraudulently concealed relevant facts from purchasers, a Pennsylvania federal judge ruled July 19 (In Re: Blood Reagents Antitrust Litigation...

Mealey's PI/Product Liability - Pfizer Signs Opioid Marketing Settlement With County

SAN JOSE, Calif. - Santa Clara County on July 20 announced that Pfizer Inc. has agreed to restrictions on its marketing of opioid drugs in California.

Mealey's PI/Product Liability - Florida Appeals Panel Vacates $3.6 Million Premises Liability Award Against Hotel

WEST PALM BEACH, Fla. - A Fourth District of the Florida Court of Appeal panel on July 19 found that a hotel did not breach its duty to protect a couple when a drunken driver drove through a poolside cabana, injuring the man and killing his wife; the panel remanded the suit with instructions to the trial...

Mealey's PI/Product Liability - Wisconsin Appeals Panel Affirms Summary Judgment In Negligence Lawsuit

WAUSAU, Wis. - A Wisconsin appellate panel on July 18 affirmed summary judgment for an auto shop in a negligence suit after finding that the owner did not supply alcohol to an adult under the legal drinking age who later drove and crashed his car into another car, injuring the plaintiff (Beth L. Baker...

Mealey's PI/Product Liability - Parties Settle Asbestos Action After Judge Admits Industrial Hygienist

BALTIMORE - A couple on July 19 settled with the two remaining defendants whose conduct allegedly caused exposure to asbestos, just two days after a judge denied a motion to exclude expert testimony from the defendant's industrial hygienist (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton...

Mealey's PI/Product Liability - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation...

Mealey's PI/Product Liability - Preemption Summary Judgment Denied In Xarelto Bellwether Trial; All Expert Stay In

NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on July 21 denied the defendant partial summary judgment in the third bellwether case on the basis of federal preemption and on the basis of design defect (In Re: Xarelto Products Liability Litigation, No. 14-md...

Mealey's PI/Product Liability - California Jury Awards $24.9 Million To Plaintiffs In Defective Brakes Suit

LOS ANGELES - A California jury on July 21 awarded a total of $24.9 million to a man who lost his family in a car crash and the man who injured himself after crashing into the family after finding that the brakes in a 2004 Nissan Infinity QX56, which crashed into a minivan, were defective (Hilario Cruz...

Mealey's PI/Product Liability - Family Of Assaulted Fraternity Pledge Files Suit Against Fraternities

PHILADELPHIA - The parents of a man who became permanently disabled as a result of the assault filed suit July 20 in Pennsylvania state court against two fraternities, their members and other businesses, claiming that the fraternities were irresponsible by allowing their members to get into a fight and...

Mealey's PI/Product Liability - Appeals Court Upholds Dismissal Of Association's Claims Against Subcontractors

COLUMBIA, S.C. - A homeowners association's claims against the subcontractors who designed and installed driveways that were allegedly too steep and cracked prematurely were properly dismissed as untimely, a South Carolina Court of Appeals panel ruled July 19 (Rivergate Homeowners' Association...

Mealey's PI/Product Liability - Homeowner Says Improperly Applied Stucco Violates Florida Building Code

TAMPA, Fla. - A Florida woman filed a lawsuit in state court against the builder of her home on July 20, claiming that the stucco on the home was improperly applied in violation of the Florida Building Code (Tammy Marie Sullivan v. Pulte Home Corporation, No. 17-CA-006860, Fla. Cir., Hillsborough Co...

Mealey's PI/Product Liability - Ohio Court: Unsworn Asbestos Causation Testimony Meets Prima Facie Requirements

CLEVELAND - Expert asbestos medical testimony that echoes the requirements in Ohio law is sufficient to make a prima facie case and need not be a signed document, an Ohio appeals court held July 20 (Kevin E. Howell v. Consolidated Rail Corp., et al., No. 104554, Ohio App., 8th Dist., 2017 Ohio App. LEXIS...