A plaintiff’s expert had a sufficiently reliable scientific basis to render the opinion that benzene in paints was a substantial cause of a form of leukemia that claimed a painter’s life, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.
A “failure to communicate” claim against the maker of generic Reglan was completely preempted by federal law regulating the pharmaceutical industry, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
A consumer lawsuit alleging that Philip Morris misrepresented the characteristics of Marlboro Lights may satisfy the state’s requirement’s for class certification, the Oregon Court of Appeals has ruled in reversing judgment.
Federal law does not preempt a product liability suit alleging that the maker of a generic form of Fosamax failed to update its warning label in conformity with revised brand-name warnings, the California Court of Appeal has ruled in affirming judgment.
A Virginia machine shop employee blinded in a 2009 accident involving an automated machine tool has settled claims for a total of $14 million. The settlement in the products liability case has a total payout of $16.5 million.
A car buyer injured by spontaneously deploying airbags could not hold the seller liable under the doctrine of res ipsa loquitur, the Rhode Island Supreme Court has ruled in affirming a summary judgment.
The third time apparently is a charm. After an award of $28 million in punitive damages in a product liability case over a fatal plane crash twice failed to pass judicial scrutiny, a Missouri appellate court sitting en banc decided that the jury had it right in the first place.
A California judge has thrown out a $6.5 million product liability verdict against Takeda Pharmaceuticals, deciding that a key expert witness should not have been allowed to testify that the diabetes drug Actos was the cause of a man’s bladder cancer.
Long-time smokers could not sue Philip Morris for manufacturing cigarettes that allegedly contained unnecessarily dangerous levels of carcinogens, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
A Chicago jury has decided that Johnson & Johnson’s DePuy Orthopaedics unit is not liable for the failure of a metal-on-metal hip implant that failed three years after an Illinois woman’s hip-replacement surgery.