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Mealey's PI/Product Liability - Lawsuits Filed In California Court Over Shooting At UPS Warehouse

SAN FRANCISCO - Victims and surviving family members of the June 14 shooting at a San Francisco United Parcel Service Inc. warehouse filed multiple lawsuits on Sept. 12 in a California state court against UPS, the owner of the building and the company UPS contracted to provide security services, claiming...

Mealey's PI/Product Liability - Judge Finds No Support For Drugmaker's UCL, Antitrust Claims

SACRAMENTO, Calif. - After finding that a biotechnology company failed to show that it is a current or potential competitor of a company that uses the same pharmaceutical ingredient in its product, a California federal judge on Sept. 12 dismissed its claims for violation of California's unfair competition...

Mealey's PI/Product Liability - Maryland Court Agrees To Hear Asbestos Case Implicating Statute Of Repose

ANNAPOLIS, Md. - Maryland's top court on Sept. 12 agreed to decide if the state's statute of repose bars a woman's asbestos action involving exposure from insulation applied to a generator whose construction was completed in June 1970 (June Diane Duffy, et al. v. CBS Corp. et al., No. 41...

Mealey's PI/Product Liability - Judge: Reliance On Erroneous Information In Securities Suit Fatal To Claims

OAKLAND, Calif. - The lead plaintiff in a securities class action lawsuit against a clinical stage biopharmaceutical company relied on erroneous information in arguing that the company and certain of its senior executives concealed from investors certain adverse events observed in a phase III clinical...

Mealey's PI/Product Liability - New Jersey Supreme Court Reverses Ruling Finding Defects Suit Timely

TRENTON, N.J. - The New Jersey Supreme Court on Sept. 14 overturned an appeals court's ruling reinstating a condominium association's construction defects lawsuit, holding that it is unclear when the statute of limitations began to run on the association's lawsuits against a general contractor...

Mealey's PI/Product Liability - MDL Judge Won't Keep AndroGel Marketing Out Of Bellwether Retrial

CHICAGO - An Illinois federal multidistrict litigation judge on Sept. 13 denied a motion by AbbVie Inc. to reconsider his decision allowing certain marketing evidence in a Sept. 18 retrial of an AndroGel heart attack case (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL No...

Mealey's PI/Product Liability - Appeals Panel Reverses Directed Verdict For Doctor, Practice In Malpractice Suit

COLUMBIA, S.C. - A South Carolina Court of Appeals panel on Sept. 14 reversed a trial court's decision granting a defense motion for a directed verdict in a medical malpractice suit after finding that the trial court placed too high of a burden on the plaintiff to show how cancer can move from one...

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

CLEVELAND - An appellate panel in Ohio on Sept. 14 affirmed a defense verdict in a medical negligence suit for a doctor and a practice he worked for after finding that the court did not err in a way that prejudiced a man injured after a tracheostomy nor did it err by denying his motion for a directed...

Mealey's PI/Product Liability - Judge Finds Evidence Lacking In Asbestos Case Against Joint Compound Maker

WILMINGTON, Del. - The record in an asbestos case does not support the conclusions regarding exposure a widow claims it does, a Delaware judge held Sept. 12 in granting summary judgment (In re: Asbestos Litigation, Thelma Lempert, et al. v. CertainTeed Corp., et al., No. N15C-05-221 ASB, Del. Super....

Mealey's PI/Product Liability - Couple: Tort Didn't Impact Bankruptcy, Lack Of Disclosure Shouldn't Bar Action

NEW YORK - Failing to disclose an asbestos claim that arose after confirmation and complete repayment under a bankruptcy plan is not the type of conduct that requires imposing judicial estoppel, a couple told the Second Circuit U.S. Court of Appeals Sept. 12 (John Clark, et al. v. AII Acquisition LLC...

Mealey's PI/Product Liability - EpiPen Consumer, Competitor Claims Put On Separate Tracks In Multidistrict Litigation

TOPEKA, Kan. - The Kansas federal judge overseeing the new EpiPen multidistrict litigation on Sept. 14 ordered separate tracks for consumer class claims and an antitrust lawsuit (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan.).

Mealey's PI/Product Liability - Incretin Mimetic Appeal Must Address 3rd Circuit Case, 9th Circuit Tells Parties

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 15 told parties in the incretin mimetics multidistrict litigation appeal that it wants them to address the effect of the Third Circuit's warnings ruling in the Fosamax femur fracture multidistrict litigation when their case comes up...

Mealey's PI/Product Liability - 6th Circuit Affirms Dismissal Of Ship Owners In Asbestos Cases

DETROIT - Dismissal for ship owners for lack of jurisdiction in thousands of Merchant Marine asbestos cases was proper, the Sixth Circuit U.S. Court of Appeals held Sept. 13 (Henry Kalama, et al. v. Matson Navigation Co. Inc., et al., No. 16-3408, 6th Cir., 2017 U.S. App. LEXIS 17931).

Mealey's PI/Product Liability - MDL Judge Denies Interlocutory Appeal Of AndroGel Failure-To-Warn Preemption Issue

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 18 denied a motion by defendants AbbVie Inc. and Abbott Laboratories to certify for interlocutory appeal the court's ruling denying summary judgment on failure-to-warn claims (In...

Mealey's PI/Product Liability - St. Jude Spinal Stimulator Case Dismissed As Preempted With Leave To Amend

WILMINGTON, Del. - A Delaware federal judge on Sept. 15 said a plaintiff in a Protege Spinal Cord Stimulator case cannot overcome federal preemption of her claims but can file an amended complaint to state more plausible claims (Kathleen M. Freed, et al. v. St. Jude Medical, Inc., et al., No. 17-1128...

Mealey's PI/Product Liability - 3rd Circuit Panel Affirms Summary Judgment In Wrongful Death Suit

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeal on Sept. 18 found that a trial court did not err in granting summary judgment to a university and its affiliates in a wrongful death suit because a woman who claimed that her husband developed cancer and died from radiation exposure during...

Mealey's PI/Product Liability - Tennessee Appeals Panel Orders New Trial In Medical Malpractice Case

KNOXVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Sept. 18 reversed a defense verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by instructing the jury on the sudden emergency doctrine (Brittany Nicole VanDyke v. Brooke E. Foulk, M.D...

Mealey's PI/Product Liability - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...

Mealey's PI/Product Liability - Illinois Appeals Panel Reverses Dismissal Of Medical Negligence Suit

ELGIN, Ill. - A panel of the Second District Illinois Appellate Court in a Sept. 14 unpublished opinion found that a trial court properly dismissed a woman's claim that a doctor and a hospital failed to inform her of the results of a test; however, it said the trial court erred in dismissing a claim...

Mealey's PI/Product Liability - Judgment Bid Snuffed By Admission Of Experts In MRSA Damages Action

COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's...

Mealey's PI/Product Liability - 2nd Criminal Trial In Deadly Fungal Meningitis Outbreak Gets Under Way In Boston

BOSTON - A second federal criminal trial stemming from the deadly 2012 fungal meningitis outbreak tied to New England Compounding Center (NECC) got under way Sept. 19 in Boston (United States of America v. Glenn A. Chin, No. 14-cr-10363, D. Mass.).

Mealey's PI/Product Liability - Judgment For Defense Affirmed In Medical Malpractice Suit

COLUMBUS, Ohio - A panel of the 10th District Ohio Court of Appeals on Sept. 19 affirmed a trial court's ruling in favor of a university hospital after finding that a doctor did not breach the standard of care by releasing a psychiatric patient who committed suicide shortly after being discharged...

Mealey's PI/Product Liability - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y...

Mealey's PI/Product Liability - Jury Awards $10 Million To Surviving Family Members In Medical Negligence Suit

DUBUQUE, Iowa - A jury in an Iowa state court on Sept. 20 awarded $10 million to the surviving wife and son of a man who died because of a certified registered nurse anesthetist's (CRNA) negligence while giving a man anesthesia during surgery (John Pellock, et al. v. Mississippi Valley Anesthesiology...

Mealey's PI/Product Liability - Arizona Appeals Panel Orders New Trial In Medical Malpractice Suit

PHOENIX - In an unpublished opinion, a panel of the Division I Arizona Court of Appeals on Sept. 19 found that a trial court erred in instructing the jury on assumption of risk in a medical malpractice trial and ordered a new trial for a woman who claims that a doctor was negligent in prescribing her...