54 results for 'cat:"Product Liability" AND cat:"Jurisdiction"'.
J. Seeger grants a dozen families' motion to remand their liability case against gun manufacturers to state court. The families sued the gun manufacturers over their culpability for the July 4, 2022 mass shooting in Chicago suburb Highland Park, when a young man used their products to kill seven people and injure members of the plaintiff families. The court agrees with the families that their cases do not raise a federal issue, and so remands the case to the Lake County circuit court.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: September 25, 2023, Case #: 1:22cv6169, NOS: Other Statutory Actions - Other Suits, Categories: product Liability, jurisdiction, Firearms
J. Komitee dismisses, for lack of personal jurisdiction, product liability claims against the CEO of REI, the maker of popular outdoor recreational equipment and apparel, as well as a member of its board of directors. A Queens-based resident alleges that trekking poles he purchased from REI bent and gave away while he was hiking through the Catskill Mountains in New York, causing him to fall and suffer several broken bones. He ultimately fails to attribute the company’s alleged unlawful actions to its senior management.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 23, 2023, Case #: 1:22cv1211, NOS: Tort Product Liability - Real Property, Categories: product Liability, jurisdiction
J. Rubin grants an energy efficient lighting company's motion to dismiss a commercial insurer's second amended complaint after a fire on the insurer's subrogee's property. The subrogee is a firm that grows cannabis and claims that the lighting company's faulty bulbs caused the fire. However, because the firm is headquartered in Colorado, the claim cannot proceed based on personal jurisdiction. The subrogee may pursue litigation in Colorado.
Court: USDC Maryland, Judge: Rubin, Filed On: September 20, 2023, Case #: 1:22cv2723, NOS: All Other Real Property - Real Property, Categories: Insurance, product Liability, jurisdiction
J. Cronan finds the instant court lacks subject matter jurisdiction in this matter concerning a consumer claiming negligence against Johnson & Johnson and a contracted manufacturer of Johnson’s Baby Powder. The consumer claims she was exposed to asbestos-contaminated talc as an ingredient of Johnson’s Baby Powder, but Johnson & Johnson argues she ceased using the product before the contract manufacturer ever began making it. Because there are factual disputes regarding timeframes of usage and manufacture, the matter is remanded to the Supreme Court of the State of New York, New York County for further proceedings.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:21cv7222, NOS: Tort Product Liability - Real Property, Categories: Tort, product Liability, jurisdiction
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J. Moore finds the lower court erroneously dismissed the battery buyer's product liability suit for lack of jurisdiction. Although the South Korean manufacturer did not sell the lithium ion batteries directly to the vape shop in Michigan, its contacts with and shipments to distributors in the state are sufficient to establish jurisdiction under the long-arm statute. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: August 17, 2023, Case #: 22-1203, Categories: Due Process, product Liability, jurisdiction
J. Knepp grants the Filshie Clips manufacturers' motion to dismiss, ruling that this court lacks jurisdiction over all of the subsidiary companies because they conducted no business in the State of Ohio and are not sufficiently under the control of the parent company for the alter ego theory of liability to apply. Meanwhile, all of the patient's product liability claims against the parent company are preempted under federal law because the state law claims mirror those found in the Food, Drug, and Cosmetic Act, and so the complaint will be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 4, 2023, Case #: 3:22cv716, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Preemption, product Liability, jurisdiction
J. Smith finds that the lower court properly denied the appellant engine company's special appearance in this product liability lawsuit stemming from an alleged airplane crash, in which the engine allegedly lost power and a student pilot was injured. The engine manufacturer, which is principally based in Austria, "purposefully availed itself of the privilege of conducting business in Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 4, 2023, Case #: 05-22-00943-CV, Categories: product Liability, jurisdiction
J. Pallmeyer addresses a nutrition company’s motion to dismiss a product liability complaint brought by the parents of a child who developed necrotizing enterocolitis from drinking the company’s tainted baby formula. This consolidated case comprises dozens of individual necrotizing enterocolitis complaints filed in multiple districts, and this motion in particular concerns whether the venue for a specific complaint should be the District of Kansas, as the nutrition company argues, or the District of Western Missouri, as the parents argue. The court has decided Kansas is the proper venue as that is where the majority of the case's action took place, so it dismisses the individual complaint from Missouri with the inclination to allow the parents to file an amended complaint in the proper venue.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 3, 2023, Case #: 1:22cv2011, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability, jurisdiction, Venue
J. Woodcock finds that a civil action against multiple companies allegedly involved in contaminating public water sources with hazardous chemicals called PFAs must be remanded to state court. Because the state has issued an "express and enforceable disclaimer against seeking recovery in this lawsuit from the defendants for claims relating to aqueous film-forming foam, the sole basis for federal jurisdiction," the federal court lacks jurisdiction.
Court: USDC Maine, Judge: Woodcock, Filed On: July 26, 2023, Case #: 2:23cv210, NOS: Tort Product Liability - Real Property, Categories: Water, product Liability, jurisdiction
J. Jewell finds that the trial court properly denied the lithium-ion battery makers' special appearances in a products liability suit alleging that a consumer's electronic cigarette exploded in his pocket and caused him injuries. The consumer's claims are "sufficiently related to" the battery makers' contacts with Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 25, 2023, Case #: 14-22-00371-CV, Categories: product Liability, jurisdiction
J. Simms grants Lowe’s motion to dismiss allegations of strict liability and negligence brought by a customer when the store’s product Bird Brain Ceramic Firepot and Fuel Gel exploded and burned her. Jurisdiction prevents the customer, a citizen of Maryland, from plausibly making claims because Lowe’s is not headquartered in Maryland, she purchased the product in a Nevada Lowe’s six years before being burned and her injury occurred outside of Maryland.
Court: USDC Maryland, Judge: Simms, Filed On: July 18, 2023, Case #: 8:22cv2244, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, product Liability, jurisdiction
[Consolidated.] J. Williams finds that the lower court properly denied the appellants' special appearance in this suit for personal injuries allegedly caused by a lithium-ion battery that exploded in the customer's purse. The pleadings sufficiently allege that one of the companies manufactures the batteries and that both companies distribute them "throughout the United States, including Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 13, 2023, Case #: 11-21-00294-CV, Categories: product Liability, jurisdiction
J. Sargus denies, in part, the birth control manufacturers' motion to dismiss, ruling that although the Utah-based company did not manufacture the defective Filshie Clip that migrated inside the patient's body and caused her injuries, its continuing conduct and advertisements in the state of Ohio prolonged the patient's injuries and gives this court jurisdiction over the case. However, because there is no evidence the parent company had any business contacts in the state and is not merely an alter ego of the manufacturer, the claims against it must be dismissed for lack of jurisdiction.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: July 10, 2023, Case #: 2:22cv1951, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, product Liability, jurisdiction
[Consolidated.] J. St. Eve finds that the lower court improperly found for the medical manufacturer in a products liability suit over defective inferior vena cava filters that perforated the patients' veins. The patients experienced no pain or other symptoms, so their damages were less than $75,000 each, and federal courts lack jurisdiction over this matter. Vacated.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 23, 2023, Case #: 22-1844, Categories: Health Care, product Liability, jurisdiction
J. Kafker finds the trial court improperly dismissed a car manufacturer from a products liability case arising from traumatic brain injuries a passenger received in a car collision. Personal jurisdiction exists in Massachusetts under the commonwealth's long-arm statute and the due process clause. Vacated.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: June 8, 2023, Case #: SJC-13354 , Categories: product Liability, jurisdiction
J. Seeger finds that the U.S. District Court of Northern Illinois has diversity jurisdiction over this product liability class action filed against a cold and flu medicine manufacturer. The class claims that the manufacturer’s “non-drowsy” cold medicine actually did make them drowsy. The lead plaintiff in the class is a New York citizen, the manufacturer is registered in Delaware but does business mainly in Illinois, and the contested damages exceed $5 million. The court finds these facts together are sufficient to justify diversity jurisdiction.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: June 7, 2023, Case #: 1:22cv747, NOS: Contract Product Liability - Contract, Categories: product Liability, jurisdiction, Class Action
J. Nagala grants the parents' motion to remand to the Connecticut Superior Court, ruling this court lacks jurisdiction over their suit against the social media platforms because the plaintiffs and the individual defendants are based in Connecticut. Although Meta Platforms argues the individual defendants who sexually assaulted the social media user were misjoined to the action to prevent removal to this court, there is no egregious conduct on the part of the parents, while the individual defendants' actions are at least somewhat related to the claims against the social media platforms.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 24, 2023, Case #: 3:23cv284, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, product Liability, jurisdiction