Mealey's Personal Injury

  • June 22, 2026

    New Jersey Appeals Court Remands Case For Hearing On Expert Admissibility

    TRENTON, N.J. — A New Jersey court erred in excluding an expert in a medical malpractice case without holding a hearing to determine the admissibility of the testimony under New Jersey Rule of Evidence 104, a New Jersey appeals court held in reversing a summary judgment ruling and remanding.

  • June 18, 2026

    Dismissal Recommended For ERISA Claims Related To COVID Infection During Surgery

    EL PASO, Texas — A Texas federal magistrate judge recommended granting a dismissal motion filed by Employee Retirement Income Security Act (ERISA) plan administrators in a woman’s suit asserting claims against the administrators, a physician, his practice and a hospital regarding the alleged negligent treatment she received during a joint replacement surgery after which she contracted COVID-19, finding that the woman cannot plead ERISA claims while arguing that ERISA is inapplicable.

  • June 18, 2026

    Judge Remands Wrongful Death Case, Says $75,000 Threshold Needs To Be Examined

    LOS ANGELES — A California federal judge remanded a wrongful death case involving a child and an alleged faulty tracheostomy tube sua sponte after finding that the device manufacturer had not shown that the amount in controversy exceeds $75,000 and “respectfully encourage[d] Congress to reconsider the amount in controversy minimum.”

  • June 16, 2026

    Florida Case Where Beasley Allen Excluded Settles During Retrial

    MIAMI — Johnson & Johnson and a man whose wife died of ovarian cancer after exposure to talc allegedly contaminated with asbestos settled during a retrial of the case, according to court records.

  • June 16, 2026

    New Mexico High Court: WDA Appointment Doesn’t Grant Subpoena Power

    SANTA FE, N.M. — Resolving an interlocutory question that it said presented an issue of first impression, the New Mexico Supreme Court held in part that appointment of a personal representative (PR) under New Mexico’s Wrongful Death Act (WDA) “does not involve a grant of subpoena power to a PR appointed independent of filing an actual wrongful death claim.”

  • June 15, 2026

    Judge Recommends Approval Of Settlement For 367 Plaintiffs In Jet Fuel Water Case

    HONOLULU — A federal magistrate judge in Hawaii on June 12 recommended approval of the U.S. government’s petition for a good faith determination of a settlement with 367 plaintiffs for amounts ranging from $5,000 to $27,000 in two consolidated lawsuits related to groundwater contamination from a jet fuel spill at the Pearl Harbor Naval Base. The same day, the plaintiffs filed a response in support of the government’s petition, and nonsettling parties filed a statement incorporating their prior brief filed in opposition to a separate-but-related settlement.

  • June 11, 2026

    Expert In Defective Blender Lawsuit Excluded, But Case Partially Moves Forward

    TAMPA, Fla. — A Florida federal judge agreed with the manufacturer of a kitchen appliance that an expert retained by a woman who claims that she was injured by the blender cannot testify under the standards set in Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc. but only granted summary judgment for the manufacturer on the woman’s design defect claims.

  • June 10, 2026

    Minnesota Panel Partly Reverses Ruling In Dog Bite Coverage Dispute

    ST. PAUL, Minn. — A Minnesota appeals court held that a lower court correctly determined that a homeowners insurance policy’s “resident-relative” exclusion did not bar coverage for a minor’s injuries arising from a dog bite but erred in ruling that the “history of biting” exclusion did not bar coverage, partly affirming and partly reversing the lower court’s grant of summary judgment in favor of the injured child’s representative.

  • June 09, 2026

    Cases Alleging Dupixent Causes Rare Cancer Centralized In N.J. Federal Court

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) centralized cases alleging that Dupixent, a prescription medication used for the treatment of asthma and inflammatory skin conditions, causes cutaneous T-cell lymphoma (CTCL), a rare type of cancer that affects white blood cells called T cells or T lymphocytes.

  • June 09, 2026

    JPMDL Limits Scope Of Spinal Cord Stimulator MDL, Centralizes Cases In California

    WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) centralized all pending cases against Boston Scientific Corp. brought by individuals who allege that they were injured by defective spinal cord stimulators but refused to expand the scope of the MDL to include claims against other manufacturers.

  • June 09, 2026

    Known Pollution Exclusion Bars Coverage For Carbon Monoxide Injury Suit, Panel Says

    NEW ORLEANS — Following a district court’s finding on remand that complete diversity of citizenship exists between an insured and the named insurers, the Fifth Circuit U.S. Court of Appeals on June 8 affirmed the lower court’s summary judgment ruling entered in favor of the insurers, agreeing with the lower court that no coverage is owed pursuant to the policy’s known pollution conditions exclusion for the settlement of an underlying personal injury suit stemming from carbon monoxide exposure.

  • June 08, 2026

    J&J Prevails In 2nd California Talc-Cancer Bellwether

    LOS ANGELES — A jury hearing the second bellwether trial in consolidated ovarian-cancer cases in a California court found for Johnson & Johnson on June 5, finding no negligence on the company’s part for ovarian cancer alleged to have been caused by consumer talc use.

  • June 08, 2026

    Jury Finds Tobacco Company Not Liable For Addicted Smoker’s Death

    FORT LAUDERDALE, Fla. — A Florida state court jury found that the death of a smoker addicted to smoking cigarettes was not legally caused by her addiction to cigarettes manufactured by a tobacco company, returned a defense verdict and awarded no damages.

  • June 05, 2026

    Family: Judge Missed Step In Asbestos Verdict Remittitur Analysis

    NEW ORLEANS — A federal judge skipped the third and mandatory step of increasing a remittitur calculation by 50% and should add $1.95 million to a proposed $3.9 million judgment in an asbestos case, a family tells a federal judge in Louisiana in a June 4 motion for reconsideration.

  • June 04, 2026

    Expert For New York Can Opine On Catheter Safety, UTIs In Inmates’ Class Action

    ROCHESTER, N.Y. — A New York federal magistrate judge denied a motion to exclude expert testimony filed by a class of inmates in New York prisons who allege that they were denied proper medical treatment and ruled that a urologist retained by the state can opine about catheter use and urinary tract infections (UTIs) as an expert witness.

  • June 04, 2026

    Georgia Court Allows New Trial In Asbestos-Talc Case Against J&J

    AUGUSTA, Ga. — Johnson & Johnson entities’ constitutional challenge raised only after an appeal was accepted came too late and the conflicting expert causation evidence at trial did not require a verdict in the companies’ favor, a Georgia appeals court said in affirming a ruling granting the plaintiff a new trial.

  • June 04, 2026

    Experts On Gun Discharge Properly Excluded But Summary Judgment For Maker Was Error

    NEW YORK — A district court did not abuse its discretion in excluding testimony from experts retained by a police officer who accidentally shot himself while removing a handgun from its holster, but the court erred in granting summary judgment for the gun manufacturer because “New York law does not require expert testimony to establish proximate causation in all circumstances,” the Second Circuit U.S. Court of Appeals held.

  • June 03, 2026

    Covidien MDL Judge Largely Denies Summary Judgment In 1st Bellwether Case

    BOSTON — The federal judge overseeing the multidistrict litigation involving Covidien hernia mesh on June 2 largely denied a motion for summary judgment filed by the manufacturers, allowing the claims of the first bellwether plaintiff to move forward.

  • June 03, 2026

    Judge Enters $255K Judgment For Smoker’s Estate Against Tobacco Company

    MIAMI — A Florida state judge on June 2 entered final judgment in the amount of $255,000 in favor of a smoker’s estate and against a tobacco company, representing 51% of a jury’s verdict issued in the estate’s favor in an Engle trial based on comparative fault, leaving unresolved a motion by the tobacco company to apply a “setoff” to the judgment based on the estate’s prior settlements with two other tobacco companies.

  • June 02, 2026

    Battery Distributor Suit For E-Cigarette Explosion May Proceed, Judge Rules

    COLUMBIA, S.C. — A South Carolina federal judge on June 1 denied a battery distributor’s motion to dismiss as untimely a personal injury lawsuit brought against it by a husband and wife for burns the husband suffered when an e-cigarette battery exploded in his pocket, finding that the plaintiffs sufficiently alleged that the court should apply equitable tolling to their suit because they filed it as soon as they identified the distributor.

  • June 02, 2026

    Florida Files Negligence, Strict Liability Suit Against OpenAI

    SEBRING, Fla. — The state of Florida sued various OpenAI entities on June 1, opening its complaint with a screenshot from ChatGPT.com declaring that it was “built with safety in mind” but contending that the representation is not accurate.

  • June 01, 2026

    Panel Affirms Dismissal Of Deepwater Horizon Case After En Banc Rehearing Denied

    NEW ORLEANS — After the Fifth Circuit U.S. Court of Appeals denied en banc rehearing, the panel withdrew and replaced its opinion dismissing claims against BP Exploration & Production Inc. and an affiliate in an injury case related to the Deepwater Horizon Oil Spill, but still refusing the defendants’ request that the panel reach a conclusion about the admissibility requirements for general causation expert testimony.

  • May 28, 2026

    Appellants: Awards In Jet Fuel Case Should Be Vacated As ‘Internally Inconsistent’

    SAN FRANCISCO — Four adults representing seven minor bellwether plaintiffs in a lawsuit against the U.S. government over groundwater contamination from a jet fuel spill filed a reply brief in the Ninth Circuit U.S. Court of Appeals contending that a $598,633.15 damages judgment should be vacated and remanded for recalculation because similarly situated minors received “sharply different” awards without a stated methodology, rendering the awards “internally inconsistent.”

  • May 26, 2026

    High Court Refuses To Hear Challenge To Expert Ruling In EtO Injury Case

    WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for a writ of certiorari in a case brought by Union Carbide Corp. and an affiliate in which they argued that the court should review a Fourth Circuit U.S. Court of Appeals opinion pertaining to the correct legal standard for the admissibility of an expert under Federal Rule of Evidence 702 in an ethylene oxide (EtO) injury case.

  • May 26, 2026

    Experts Should Be Allowed To Testify That Palliative Care, Not Crash, Caused Death

    TRENTON, N.J. — Experts retained by a man charged with vehicular homicide should be allowed to testify that the cause of death was not from the accident but from a lethal dosage of morphine administered to the 94-year-old woman as part of palliative care for her advanced dementia and Alzheimer’s disease, and there is no need to hold a hearing to determine whether that testimony is relevant, the New Jersey Supreme Court held.