LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Texas Appeals Court: Mexican Shingle Maker Has Sufficient Contacts With State

SAN ANTONIO - An appeals panel in Texas on May 10 affirmed a trial court's finding that it has jurisdiction over a lawsuit brought against a Mexico-based manufacturer accused of selling defective shingles, finding that the company reasonably expected to do business in Texas (Laproba El Aguila SA...

Mealey's PI/Product Liability - Georgia Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit

ATLANTA - A Georgia appellate panel on May 10 affirmed summary judgment in favor of a man who owns a franchise of a Chick-fil-A after finding that a woman who slipped and injured herself in the restaurant did not show that the owner had knowledge of the hazard (Latasha Hartman v. David Clark, No. A17A1023...

Mealey's PI/Product Liability - Mistrial Declared In California Medical Malpractice Suit

LOS ANGELES - A California state court judge on May 11declared a mistrial in a medical malpractice suit after one of the jurors had to go to the hospital (Henry Gevorgyan v. Mardiros Mihranian, No. BC512980, La. Super.).

Mealey's PI/Product Liability - Judge Finds No Evidence Farm Hand's Work Included Manufacturer's Parts

WILMINGTON, Del. - Evidence that a farm hand worked with a company's tractors during a certain period does not establish that the parts he encountered originated with the manufacturer, a judge in Delaware held May 10 (Nathanial Harris v. Deere & Co., et al., No. N14C-03-220 ASB, Del. Super.,...

Mealey's PI/Product Liability - Judge: No Evidence Asbestos Exposure Came From Ford Tractor Parts

WILMINGTON, Del. - A farm hand lacks sufficient evidence that the tractor parts he worked with were original or that they originated with Ford Motor Co., a judge in Delaware held May 10 (Nathanial Harris v. Deere & Co., et al., No. N14C-03-220 ASB, Del. Super., New Castle Co.).

Mealey's PI/Product Liability - DePuy Pinnacle Hip Appeal Stayed Pending Trial Court Post-Trial Rulings

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 11 stayed briefing in an appeal of a $500 million multiplaintiff DePuy metal-on-metal hip verdict pending rulings by the trial court on the defendant's motions for a new trial and judgment as a matter of law (Rosa Metzler, et al. v. DePuy...

Mealey's PI/Product Liability - Judge Again Denies Sprinkmann Judgment In Asbestos Case

CHICAGO - An insulator must proceed to trial on asbestos exposure claims that it was previously denied summary judgment on by two other judges, and a footnote disclaimer of exposures filed in a parallel case does not prevent the man's widow from pursuing those claims, a federal judge in Wisconsin...

Mealey's PI/Product Liability - U.S. High Court Won't Review Denial Of FDA Citizen Petition Filed By Law Firm

WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a plaintiff law firm petition to review the Food and Drug Administration's denial of its citizen petition seeking a black box warning about gynecomastia in adolescent males allegedly caused by two antipsychotic drugs (Sheller, P.C. v. United...

Mealey's PI/Product Liability - Unfair Competition Claims OK'd, But Judge Says No Relief Due In Surgical Gown Case

LOS ANGELES - A California federal judge on May 15 said a class representative proved that two defendants violated California's unfair competition law (UCL) by selling defective surgical gowns, but denied the plaintiff's request for restitution and injunctive relief given a jury's $454 million...

Mealey's PI/Product Liability - FDA: 2 Studies Confirm Leg/Foot Amputation Risk From Invokana Diabetes Drug

SILVER SPRING, Md. - The Food and Drug Administration on May 16 issued a drug safety communication warning about an increased risk of leg and foot amputation associated with the diabetes drug Invokana.

Mealey's PI/Product Liability - Oregon Supreme Court Rules Loss-Of-Chance Applies In Medical Negligence Suits

SALEM, Ore. - The Oregon Supreme Court on May 11 found that a lower court erred in affirming a decision to dismiss a medical negligence suit because the loss-of-chance theory applies in medical negligence cases and remanded the suit to the circuit court for further proceedings (Joseph L. Smith v. Providence...

Mealey's PI/Product Liability - All Expert Testimony Trimmed In Negligence Suit Over Motorcyclist's Death

HAMMOND, Ind. - An Indiana federal judge on May 11 limited the testimony of all four expert witnesses in a lawsuit filed by the estate of a deceased motorcyclist alleging that the truck driver that hit him and the driver's company are liable for the biker's death (The Estate of John Arama v....

Mealey's PI/Product Liability - Judge Intends To Deny Acquittal, New Trial Motions By Convicted NECC Head

BOSTON - A Massachusetts federal judge on May 16 said he intends to deny a motion for acquittal or a new trial to the former head of the New England Compounding Center (NECC) on the grounds of government misconduct after examining two trial exhibits the defendant said prejudiced him (United States of...

Mealey's PI/Product Liability - 3 Couples Sue Day Care Center Following E. Coli Outbreak

WESTMINSTER, Md. - Three couples filed suit in Maryland state court on May 15, claiming that their children contracted E. coli from a day care center and that the center failed to protect their children from the illness by failing to clean areas where the children were and failing to adopt policies that...

Mealey's PI/Product Liability - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence...

Mealey's PI/Product Liability - Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue

NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in...

Mealey's PI/Product Liability - Panel Affirms Dismissal Of Securities Class Action For Failure To Plead Scienter

BOSTON - A federal district court judge did not err in dismissing a shareholder class action lawsuit because the lead plaintiff failed to plead scienter in making its federal securities law claims against a drug maker and certain of its executive officers, a First Circuit U.S. Court of Appeals panel...

Mealey's PI/Product Liability - 5th Circuit Affirms That Abilify Tardive Dyskinesia Claim Is Prescribed By State Law

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 17 affirmed a district court's finding that a plaintiff's neurological injury claim involving the atypical antipsychotic drug Abilify was filed too late (Cory Jenkins v. Bristol-Myers Squibb Company, et al., No. 16-31133, 5th Cir.,...

Mealey's PI/Product Liability - Summary Judgment Partially Reversed In Premises Liability Suit

HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on May 17 reversed summary judgment granted to a hospital and its corporate owner in a premises liability suit after finding that two plaintiffs' claims were not based in medical negligence and that their engineering expert was qualified...

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

SHREVEPORT, La. - A Louisiana appellate panel on May 17 affirmed a defense verdict in a medical malpractice suit against a hospital and the trial judge's order denying the plaintiff's motion for judgment notwithstanding the verdict or, in the alternative, a new trial because the evidence presented...

Mealey's PI/Product Liability - Texas Appeals Panel Reverses Summary Judgment In Truck Collision Suit

BEAUMONT, Texas - A Texas appellate panel on May 18 vacated a trial court's order denying summary judgment to a corporation after finding that an employee of the company who hit a pedestrian because the plaintiff did not prove that the driver was acting in the scope of his employment during the collision...

Mealey's PI/Product Liability - Court Finds Work Testimony, Presence Of Asbestos Establishes Exposure

TRENTON, N.J. - Evidence that a man worked with asbestos and that Union Carbide Corp. supplied more than 40,000 pounds of the mineral to the facility at which he worked are enough to establish exposure, even without a direct link, a New Jersey appeals court held in reversing judgment May 17 (Thomasina...

Mealey's PI/Product Liability - Judge Finds Jurisdiction Lacking In Asbestos Case Against German Auto Maker

MIAMI - A German automaker's contacts with Florida are insufficient grounds on which to exercise jurisdiction over the company, a Florida appeals court held May 17 (Volkswagen Aktiengesellschaft d/b/a Volkswagen AG v. Carol Jones, et al., No. 2D15-5716, Fla. App., 2nd Dist.).

Mealey's PI/Product Liability - Colorado Appeals Court: Setoff Should Be Applied To Verdict Before Limitation

DENVER - A Colorado appeals panel on May 18 reversed in part a trial court judge's decision to prevent a developer from obtaining a portion of a $9.5 million verdict entered against a grading company accused of breach of contract for providing services that resulted in defectively built homes, finding...

Mealey's PI/Product Liability - Justice Allows Addition Of Improperly Named Company To Maritime Asbestos Suit

NEW YORK - A man's maritime asbestos suit improperly naming a successor as a defendant put an independent corporation that operates as a subsidiary of the named defendant on notice that it was being sued, a New York justice held in an opinion posted May 18 (Joseph J. Crandley v. Farrell Lines Inc...