LexisNexis® Legal Newsroom
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...

Mealey's PI/Product Liability - $150M In Punitives Awarded For Misrepresentation In 1st AndroGel MDL Bellwether

CHICAGO - An Illinois federal jury on July 24 found that AbbVie Inc. is not liable to an AndroGel plaintiff for his heart attack but said that the defendant fraudulently misrepresented the testosterone replacement therapy drug and awarded the plaintiff $150 million in punitive damages in the first multidistrict...

Mealey's PI/Product Liability - Pella MDL Judge Refuses To Deny Certification In Remaining Class Actions

CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation stemming from two models of Pella Corp. windows that are allegedly defective denied the manufacturer's request to deny certification in all remaining class action suits in the multidistrict litigation on July 21, holding...

Mealey's PI/Product Liability - Home Builder Says Knowledge Of Faulty Stucco Warrants Summary Judgment

ORLANDO, Fla. - Pulte Home Corp. moved for summary judgment in Florida federal court on July 21, arguing that purchasers of homes with stucco that was improperly installed are not entitled to damages because they knew of the defect at the time they purchased their homes (Shaun Gazzara, et al. v. Pulte...

Mealey's PI/Product Liability - Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action

PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies...

Mealey's PI/Product Liability - New Jersey Appeals Court Reverses Summary Judgment In Accutane Warnings Cases

TRENTON, N.J. - The New Jersey Superior Court Appellate Division on July 25 reversed summary judgment in 18 of the state's multicounty Accutane litigation, saying that under New Jersey's product liability law, there remain questions on whether the post-2002 warning label for the acne drug adequately...

Mealey's PI/Product Liability - Xarelto MDL Judge Allows Mississippi's Punitives Law To Govern 3rd Bellwether Case

NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on July 24 denied a defense motion to apply more restrictive punitive damage laws to the upcoming third bellwether trial and denied summary judgment based on the learned intermediary doctrine (In Re: Xarelto, No...

Mealey's PI/Product Liability - Celgene Pays $280M To Settle Whistle-Blower Lawsuit Alleging Off-Label Marketing

The U.S. Justice Department and Celgene Corp. on July 25 announced that the company will pay $280 million to settle a False Claims Act lawsuit that it promoted the cancer drugs Thalomid and Revlimid for off-label uses (United State, ex rel. Beverly Brown v. Celgene Corporation, No. 10-3165, C.D. Calif...

Mealey's PI/Product Liability - Tennessee Appeals Panel Revives Health Care Liability Suit Against Hospital

KNOXVILLE, Tenn. - The Tennessee Court of Appeals panel on July 25 found that a trial court erred in dismissing a health care liability suit because when a plaintiff files suit in Tennessee against only one health care provider, she does not need to file a presuit notice with the complaint; the panel...

Mealey's PI/Product Liability - Hospital Sues United States Seeking Indemnification In Medical Malpractice Suit

GRAND RAPIDS, Mich. - A Michigan hospital and its owner that was sued in state court for medical negligence filed suit July 25 against the United States in Michigan federal court, claiming that the government is responsible for the actions of a medical practice it funds and the practice's nurses...

Mealey's PI/Product Liability - Man Says Home Builder, Subcontractors Liable For Cracking Stucco

GREEN COVE SPRINGS, Fla. - A man filed suit in Florida state court on July 24 against the builder of his home, claiming that the company as well as the painting and stucco subcontractors it hired are liable for damage to his home caused by an improperly installed stucco system (Saulo O. Meneses v. KB...

Mealey's PI/Product Liability - GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules

POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case...

Mealey's PI/Product Liability - Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought

CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told...

Mealey's PI/Product Liability - Pinnacle Hip Manufacturing Defect Whistle-Blower Claim Reinstated By 1st Circuit

BOSTON - Two orthopedic surgeons who claim that DePuy Orthopaedics Inc. "palmed off" Pinnacle metal-on-metal hips with manufacturing defects had that claim reinstated to their False Claims Act case on July 26 by the First Circuit U.S. Court of Appeals, but their claims that the manufacturer...

Mealey's PI/Product Liability - Concussion MDL Judge Denies NHL's Motion To Move For Summary Judgment

MINNEAPOLIS - The judge presiding over the National Hockey League (NHL) concussion multidistrict litigation on July 24 denied the NHL's motion for leave to move for summary judgment on two plaintiffs' claims in the class action after finding that it would be more appropriate for the league to...

Mealey's PI/Product Liability - Illinois Court Leaves Stay In Place While Parties Wage Asbestos Discovery Battle

SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al...