LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - West Virginia High Court: Levaquin Maker Not Liable For Injury By Generic Drug

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on May 11 ruled that state statutory law, case law, public policy and legal precedent do not allow the manufacturer of the antibiotic Levaquin to be sued for injuries allegedly caused by the drug's generic version, levofloxacin (Kimmy...

Mealey's PI/Product Liability - Supreme Court Grants Review In Maritime Bare-Metal Asbestos Case

WASHINGTON, D.C. - The Supreme Court on May 14 agreed to review a Third Circuit U.S. Court of Appeals ruling that maritime law permits holding a manufacturer liable for third-party asbestos-containing replacement parts (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., No. 17-1104, U...

Mealey's PI/Product Liability - After United States Intervenes, Judge Unseals 5 Opioid Whistleblower Complaints

LOS ANGELES - A California federal judge on May 11 unsealed five whistle-blower lawsuits alleging that Insys Therapeutics paid kickbacks for doctors to prescribe its opioid drug Subsys (United States of America, et al., ex rel. Maria Guzman v. Insys Therapeutics, Inc., et al., No. 13-5861, United States...

Mealey's PI/Product Liability - California Federal Judge Again Finds No 'Joint Trial' Intent In State Lipitor Cases

SANTA ANA, Calif. - A California federal judge on May 10 remanded the cases of 4,321 Lipitor diabetes plaintiffs to state court, finding that nothing that was said or done by either the plaintiffs or California state judges in connection with a state coordinated Lipitor litigation meant that the plaintiffs...

Mealey's PI/Product Liability - Homeowners' Defects Suits Subject To Arbitration, Nevada High Court Rules

CARSON CITY, Nev. - The Nevada Supreme Court on May 10 reversed two rulings denying U.S. Home Corp.'s motion to compel arbitration, finding that the arbitration provisions in sales agreements and covenants, conditions and restrictions (CC&Rs) between the builder and buyer are enforceable under...

Mealey's PI/Product Liability - Judge Finds Couple Learned Of Window Defect In 2015, Finds Claims Timely

BATON ROUGE, La. - A couple's redhibition claim stating that windows manufactured by Jeld-Wen Inc. that were installed in their home are defective is not prescribed by the statute of limitations, a federal judge in Louisiana ruled May 11, because they did not learn about the alleged defect until...

Mealey's PI/Product Liability - Defective Ladder Defendants Win Judgment After Expert Testimony Excluded

ALLENTOWN, Pa. - After excluding expert testimony for lack of reliability and helpfulness, a Pennsylvania federal judge on May 10 awarded summary judgment to a ladder company and a big box retail chain in a personal injury action filed by a man who fell from a ladder (Benjamin White, et al. v. The Home...

Mealey's PI/Product Liability - West Virginia High Court: Zoloft Liability Can't Be Shown Without Experts

CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on May 15 said the state's Zoloft mass tort court correctly granted summary judgment in two cases after the plaintiffs' experts could not testify and said the plaintiffs cannot rely on documents or the testimony of opposing experts...

Mealey's PI/Product Liability - 1st Bair Hugger Infection MDL Bellwether Trial Under Way In Minnesota Court

MINNEAPOLIS - The first bellwether trial in the Bair Hugger multidistrict litigation got under way on May 14 in Minnesota federal court (Louis Gareis, et al. v. 3M Company, et al., No. 16-4187, D. Minn.).

Mealey's PI/Product Liability - Washington Appeals Court Panel Finds Association's Defects Suit Timely

SEATTLE - A trial court judge's ruling awarding summary judgment to a developer's successor based on the statute of limitations was reversed May 14 by a Washington appeals panel that found that a condominium association's lawsuit under the Washington Condominium Act (WCA) was filed within...

Mealey's PI/Product Liability - Pella Removes Suit Over Leaky Windows, Cites Diversity, Excessive Damages

ALLENTOWN, Pa. - Pella Corp. says in a May 11 notice of removal that a man's state court lawsuit over windows and doors that were allegedly defective because they leaked belongs in federal court in Pennsylvania because he is seeking damages in excess of the $75,000 jurisdictional threshold and because...

Mealey's PI/Product Liability - Causation Opinions Stay In Suit Over Injuries Allegedly From Minor Accident

SOUTH BEND, Ind. - A woman's causation expert, who is a medical doctor and an attorney, can testify in a personal injury action that the woman's car was not going fast enough in a fender-bender accident to cause the spinal injuries of the man whose car she hit, an Indiana federal magistrate judge...

Mealey's PI/Product Liability - Defective Shingles Caused Leaks, Kitchen Damage, Couple Complains

CLEVELAND - An Ohio couple filed a lawsuit in state court on May 16 against the maker of shingles that were installed on their home, claiming that they were defective because they allowed the roof to leak, causing damage to their kitchen (Blanche Forman, et al. v. IKO Industries Inc., No. CV 18 897861...

Mealey's PI/Product Liability - Nebraska Supreme Court Affirms Exclusion Of Accutane Causation Expert

LINCOLN, Neb. - The Nebraska Supreme Court on May 18 affirmed the exclusion of a plaintiff's sole causation expert in an Accutane bowel injury case, saying the expert's methodology failed to meet case law standards (Aimee Freeman v. Hoffman-La Roche Inc., et al., No. 300 Neb. 47, Neb. Sup.).

Mealey's PI/Product Liability - U.S. Supreme Court Won't Review 3rd Circuit's Eyedrop Class Reversal

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a prescription eyedrop case, sending the purported class action back to a New Jersey federal court for further proceedings (Alcon Laboratories, Inc., et al. v. Leonard Cottrell, et al., No. 17-1337, U.S. Sup.).

Mealey's PI/Product Liability - U.S. Supreme Court Won't Take Up When Relator Is An Original Source In Solvay Case

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 denied review of a case by two whistleblowers who claimed that the former Solvay Pharmaceuticals engaged in off-label marketing of three drugs, including AndroGel, and caused the submission of false claims to federal health care programs (United States...

Mealey's PI/Product Liability - FDA Warns Of Possible Birth Defects From Dolutegravir HIV Drug

SILVER SPRING, Md. - The Food and Drug Administration on May 18 issued a drug safety communication that the HIV drug dolutegravir, sold as Tivicay, Juluca and Trimeq, has been associated with neural tube birth defects in an African observational study.

Mealey's PI/Product Liability - Roofing Subcontractor Can Face Gross Negligence Claims, Judge Rules

BEAUFORT, S.C. - A federal judge in South Carolina held that a roofing subcontractor can face a general contractor's third-party claim of gross negligence for moisture intrusion that occurred at a golf clubhouse and community clubhouse due to a lack of flashing because there is evidence that there...

Mealey's PI/Product Liability - Window Installer Says No Evidence Links His Work To Water Intrusion

WILMINGTON, Del. - A subcontractor who installed the windows in a man's home says in a May 18 motion for summary judgment filed in Delaware state court that there is no evidence that his work caused water intrusion that has prevented a man from selling his home (Gary Loh v. Muirfield Associates LLC...

Mealey's PI/Product Liability - Solicitor General Tells High Court To Take Up 'Clear And Convincing' Fosamax Case

WASHINGTON, D.C. - The U.S. solicitor general on May 22 told the U.S. Supreme Court that it should rule whether there is "clear and convincing evidence" that the Food and Drug Administration rejected a stronger femur fracture warning for Fosamax and whether that action preempts warning claims...

Mealey's PI/Product Liability - Drug, Pharmacy Execs Guilty Of $9.7M Kickback Scheme

NEW YORK - A New York federal jury on May 22 found a former drug executive and former pharmacy executive guilty of executing a $9.7 million kickback scheme (United States v. Gary Tanner, et al., No. 17-61, S.D. N.Y.).

Mealey's PI/Product Liability - Judge: Construction Contract Contained Start Date Of Defects Claim

DOVER, Del. - A Delaware judge on May 22 awarded summary judgment to a general contractor accused of defectively constructing a group home for adults with cerebral palsy, finding that the suit was barred by the three-year statute of limitations because the construction contract stated when any possible...

Mealey's PI/Product Liability - Couple Accuses Contractor Of Faulty Foundation Work When Building Addition

GEORGETOWN, Del. - A couple sued the general contractor they hired to build an addition on their Rehoboth Beach, Del., home in Delaware state court on May 22, claiming that the builder's negligence when installing the foundation, footers and framing have caused the structure to pull away from the...

Mealey's PI/Product Liability - Pfizer To Pay $23.8M For Using Patient Foundation To Pay Medicare Copays

BOSTON - Pfizer Inc. will pay $23.85 million to settle federal civil allegations that it used a charitable foundation as a conduit to pay the copays of Medicare patients taking three Pfizer drugs in violation of the False Claims Act, 31 U.S.C. 3729 et seq., according to an agreement signed May 24 by...

Mealey's PI/Product Liability - No Prejudice Found In Use Of Surgeon As Expert Without Full Disclosure

WEST PALM BEACH, Fla. - A Florida court did not abuse its discretion in allowing a treating physician in a personal injury case to testify as an expert witness about causation and permanency of injuries, even though the doctor was not designated as an expert witness as required by a trial preparation...