68 results for 'nos:"Contract Product Liability - Contract"'.
J. Albregts grants the refrigerator manufacturer's motion to quash the subpoena seeking to depose the company president in this suit brought on allegations that a refrigerator caught fire, damaging an RV and house. The company president is not a named party, but is the chairman/president and director of two named parties. A subpoena was unnecessary to depose him.
Court: USDC Nevada, Judge: Albregts , Filed On: June 15, 2023, Case #: 2:21cv2167, NOS: Contract Product Liability - Contract, Categories: Tort, Product Liability, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. Menendez grants the tractor maker's motion for summary judgment in the insurer's twin suits against it alleging that defects in tractors it built without engine side shields in a "special manufacturing year" led two tractors sold to the insurer's insured to catch fire. The lack of side shields was a deliberate choice by the manufacturer, not a manufacturing flaw, nor was it a departure from the intended design despite holes in the frame used for the shields' installation in the prior regular model year. The tractors' warranties therefore are not implicated, since the insurer has not identified a defect to which they apply. The insurer's motion to exclude testimony from the tractor maker's expert is also denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: May 25, 2023, Case #: 0:21cv1200, NOS: Contract Product Liability - Contract, Categories: Product Liability, Experts, Warranty