LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Impax Labs To Pay $20M In Solodyn Antitrust Lawsuit Brought By End-Payers

BOSTON - Impax Laboratories Inc. has agreed to pay $20 million to settle class claims by third-party payers that it violated antitrust, consumer protection and unjust enrichment laws by conspiring with three other defendants to not compete in the sale of generic versions of the dermatology antibiotic...

Mealey's PI/Product Liability - 11th Circuit Affirms Exclusion Of General Causation Expert In Reclast Case

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 30 affirmed summary judgment in a Reclast bisphosphonate atypical femur fracture case, finding that the unreliable methodology of the plaintiff's general causation expert alone supported the trial court's ruling (Ernesteen Jones v. Novartis...

Mealey's PI/Product Liability - 9th Circuit Upholds Remand Of Family's Suit Against Nursing Home, Administrator

SAN FRANCISCO - A lawsuit brought by the heirs of a woman who died from injuries suffered during a fall at a nursing home was properly remanded to state court, a Ninth Circuit U.S. Court of Appeals panel ruled April 26, holding that the plaintiffs' allegations showed that they could possibly pursue...

Mealey's PI/Product Liability - Doctor Convicted Of HIPAA Violation, Lying During Warner Chilcott Kickback Probe

BOSTON - A Massachusetts federal jury on April 30 convicted a gynecologist of wrongful disclosure of patient information and obstructing a criminal investigation in connection with the former Warner Chilcott's promotion of two osteoporosis drugs, the U.S. Attorney's Office announced in a press...

Mealey's PI/Product Liability - Couple Says Builder's Arguments On Defects Damages Are Premature

WILMINGTON, Del. - A couple seeking to lead a class for the owners of 63 townhomes that were defectively built say in an April 26 reply brief in support of certification filed in Delaware state court that the defendants' opposing arguments regarding damage caused by the problems are premature and...

Mealey's PI/Product Liability - Plaintiff Tells 7th Circuit It Has Jurisdiction Over Dimensional Lumber Ruling

CHICAGO - A federal judge in Illinois' failure to provide the leader of a putative class with ways to amend his lawsuit accusing Home Depot Inc. of violating the Illinois Consumer Fraud Act (IFCA) when selling lumber that is inaccurately labeled gives the Seventh Circuit U.S. Court of Appeals jurisdiction...

Mealey's PI/Product Liability - First 3 Abilify MDL Bellwether Cases Settled, Judge Says

PENSACOLA, Fla. - The first three Abilify multidistrict litigation bellwether trials were put on hold April 28 after the parties told the Florida federal court they had reached a resolution (In Re: Abilify [Ariprazole] Products Liability Litigation, No. 16-2734, N.D. Fla., Pensacola Div.).

Mealey's PI/Product Liability - DePuy Pinnacle Hip MDL Plaintiffs Suggest Retrial Starting Sept. 24

DALLAS - Five DePuy Pinnacle hip plaintiffs who had their verdict vacated on appeal asked the Texas multidistrict litigation court on April 30 to schedule a retrial as soon as possible, even suggesting Sept. 24 (In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket...

Mealey's PI/Product Liability - Judge Rules On In Limine Motions Ahead Of May 15 Bard IVC Bellwether Trial

PHOENIX - The Arizona federal judge presiding over the C.R. Bard inferior vena cava (IVC) multidistrict litigation on May 3 issued a ruling on the parties' motions in limine for the second bellwether trial set to start May 15 (In Re: Bard IVC Filters Product Liability Litigation, MDL Docket No. 15...

Mealey's PI/Product Liability - Defense Verdict Returned In 2nd Connecticut Pradaxa Bellwether Trial

HARTFORD, Conn. - A Connecticut state court jury on May 7 returned a verdict for Boehringer Ingelheim Pharmaceuticals Inc. in the state's second Pradaxa bellwether trial (Mary Lou Gallam v. Boehringer Ingelheim Pharmaceuticals, Inc., et al., No. CPL-HHD CV-16-6067874-S, Conn. Super., Hartford Jud...

Mealey's PI/Product Liability - New York Appeals Court Affirms Summary Judgment In Zimmer Knee Case

ROCHESTER, N.Y. - A New York state appeals court panel on May 4 affirmed summary judgment in a Zimmer knee prosthesis case, saying the plaintiff presented no evidence of a manufacturing defect (Esther Cassatt v. Zimmer, Inc., et al., No. 487 CA 17-01174, N.Y. Sup., App. Div., 4th Dept., 2018 N.Y. App...

Mealey's PI/Product Liability - 6 NECC Defendants Won't Have Deaths, Injuries Used Against Them In Bad Drug Trial

BOSTON - The Massachusetts federal judge overseeing the New England Compounding Center (NECC) criminal case on May 7 granted a motion by six of the nine remaining defendants to exclude evidence from their Oct. 4 trial about patient deaths and injuries from contaminated methylprednisolone acetate (MPA...

Mealey's PI/Product Liability - Opioid MDL Judge Wants To Know About Litigation Financing

CLEVELAND - The Ohio federal judge overseeing the opioid multidistrict litigation on May 7 ordered attorneys to disclose in camera if they have obtained or will obtain third-party contingent litigation financing (In Re: National Prescription Opiate Litigation, MDL Docket No. 2804, No. 17-md-2804, N.D...

Mealey's PI/Product Liability - 3 VA Health Care Employees Indicted For Conspiracy, Graft Related To Allografts

GREENVILLE, S.C. - Three federal Veterans Affairs health clinic employees were indicted May 8 in the U.S. District Court for the District of South Carolina for conspiracy and graft for allegedly taking money and gifts from allograft maker MiMedx Group Inc. in exchange for buying or recommending the company's...

Mealey's PI/Product Liability - Panel 'Regretfully' Finds Suit Over Lieutenant's Death Is Barred By Feres Doctrine

SEATTLE - The Ninth Circuit U.S. Court of Appeals on May 7 affirmed a lower court's finding that a tort lawsuit brought against the United States for the death of a Navy lieutenant due to a complication following childbirth is barred by the jurisdictional bar recognized in Feres v. United States...

Mealey's PI/Product Liability - Tribe's Suit Against Big Pharma Moved To Opioid MDL Docket

CLEVELAND - Another lawsuit filed by a Native American tribe seeking to hold drug manufacturers and distributors accountable for the national opioid crisis is among the latest batch of suits transferred May 8 to a multidistrict litigation docket in Ohio federal court that now contains nearly 700 cases...

Mealey's PI/Product Liability - Panel Finds Manager Did Not Have Sufficient Time To Remedy Spill

ATLANTA - After finding that a store manager did not have a reasonable amount of time between being notified of a spill and a customer's fall, a Georgia appeals court on May 7 reversed a trial court's ruling denying a grocery store's motion for directed verdict (Bi-Lo, LLC v. Green, et al...

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 - 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 - 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...