42 results for 'nos:"Tort Product Liability - Real Property"'.
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
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J. Milazzo dismisses as time-barred a claim filed by survivors of a deceased doctor employed by a manufacturer of a chemical agent found in the commonly used herbicide, Roundup. The doctor, an avid gardener, often used the lawn product, which family members linked to his development of fatal skin cancer. In addition, the litigants use an inapplicable provision of a state law and therefore may not recover punitive damages for their remaining wrongful death claim.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 14, 2023, Case #: 2:19cv9334, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Environment, Product Liability
J. Limbaugh partially denies Makita's motion to dismiss a product liability suit alleging it fails to put an expiration date on its bonded abrasive wheels used to cut metal and concrete. The consumer need not plead his specific purpose for purchasing the product to sue under the Missouri Merchandising Practice Act, and he sufficiently pleaded damages. However, the consumer failed to comply with the notice requirements to make a claim for breach of implied warranty.
Court: USDC Eastern District of Missouri, Judge: Limbaugh, Filed On: May 24, 2023, Case #: 1:22cv79, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Warranty
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: Negligence, Jurisdiction, Warranty