Defense Litigation Insider Helping you navigate a clear path through complex litigation.

Monthly Archives: September 2016

Causation and Bare Metal Defenses Prove Effective as Asbestos Liability Shield

Posted in Asbestos Litigation, Products Liability, Toxic Tort

A recent ruling in an asbestos-related case provides an important lesson for defendants in framing their defenses. In Malone v. Air & Liquid Systems, et.al. (Report and Recommendation, C.A. No. 14-406-GMS-SRF (D. Del. Aug. 29, 2015)), a mesothelioma case pending in the U.S. District Court for the District of Delaware which involves allegations of asbestos… Continue Reading

Massachusetts Appeals Court Upholds Judgment in Birth Control Patch Case

Posted in Massachusetts Courts, Pharmaceutical and Medical Devices

On September 21, 2016, the Massachusetts Appeals Court upheld the grant of summary judgment to Johnson & Johnson (“J&J”), the manufacturer of the Ortho-Evra birth control patch at issue in the case of Niedner v. Ortho-McNeil Pharmaceutical, Inc., No. 15-P-1272, 2016 WL 5106479 (Mass. App. Ct. Sept. 21, 2016).  In so doing, the Appeals Court… Continue Reading

U.S. Court of Appeals Reverses Summary Judgment in Lung Cancer Asbestos Case

Posted in Asbestos Litigation, Products Liability, Toxic Tort

On September 13, 2016, the United States Court of Appeals for the Third Circuit partially reinstated a plaintiff’s claims that his decedent developed lung cancer as a result of asbestos exposure that he allegedly experienced from work in the vicinity of switchgear components manufactured by Westinghouse Electric Corporation, a predecessor to CBS Corporation.  In re:… Continue Reading

Massachusetts Appeals Court Overturns Jury’s Verdict in Pelvic Mesh Case

Posted in Pharmaceutical and Medical Devices, Products Liability

On September 13, 2016, the Massachusetts Appeals Court decided Albright v. Boston Scientific Corporation by vacating a jury’s verdict in favor of Boston Scientific Corporation (BSC) and remanding the matter to the Superior Court for retrial. No. 15-P-633, 2016 WL 4736686 (Mass. App. Ct. Sept. 13, 2016). By way of background, the Plaintiff, Diane Albright,… Continue Reading