45 results for 'cat:"Civil Procedure" AND cat:"Product Liability"'.
J. Lin grants the consumer's motion to consolidate her class action alleging that the beverage container manufacturer did not inform consumers that its popular Stanley tumbler products contained lead. The beverage container manufacturer argues that a stay or dismissal is more appropriate than consolidation, because consolidation will require conducting discovery with all named plaintiffs instead of just the top plaintiff, but this argument "strains common sense" as the beverage container manufacturer would already likely seek depositions against multiple class members in the event that the consumer's lawsuit was the only action.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:24cv191, NOS: All Other Real Property - Real Property, Categories: civil Procedure, product Liability, Class Action
J. Joseph denies a request by the distributor of a digital test gauge to dismiss as time-barred a product liability claim by the widow of an offshore oilfield worker. She alleges the poor design and inadequate warnings about the use of the pressure-gauge resulted in the deadly explosion at an offshore well that claimed her husband and the father of their two young children. The decedent’s employer, as the owner of the offshore platform, and the distributor of the pressure gauge are both liable even when no act on the employer’s part may have caused the accident. Prescription was interrupted by the survivors' earlier wrongful death suit against the employer in Texas.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: April 12, 2024, Case #: 6:23cv415, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, product Liability, Jurisdiction
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J. Russell grants, in part, a manufacturer’s motion to dismiss this products liability, tort, and contract dispute brought by several solar companies. The solar companies request punitive damages and allege the manufacturer sold defective electric power safety cutoff devices, which overheated and failed in multiple projects, creating a high risk of fire and electrocution. The solar companies failed to allege they had a fiduciary or confidential relationship nor that the manufacturer mislead partial or fragmentary statements. Therefore, the fraudulent concealment is dismissed, and the manufacturer must answer the amended complaint. The court will deny the request punitive damages because the burden at this stage has been met on clear and convincing evidence.
Court: USDC Maryland, Judge: Russell, Filed On: March 26, 2024, Case #: 1:23cv1606, NOS: Contract Product Liability - Contract, Categories: civil Procedure, Negligence, product Liability
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, Settlements, product Liability
J. Kobayashi grants remand for couple to take their tobacco-related product liability case against a cigarette manufacturer back to Hawaii state court. The couple did not act in bad faith when it settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the couple is denied a request for the attorney fees related to the removal to federal court, as the removal was reasonable given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv86, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, Settlements, product Liability
Per curiam, the court of appeals finds in this interlocutory appeal that the lower court properly dismissed the appellees' product liability claims without prejudice but improperly granted them leave to amend their pleadings as to the appellant company. Due to the dismissal, the appellees "no longer had any pleadings" against the appellant company to amend. Accordingly, the matter is remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: 05-23-00662-CV, Categories: civil Procedure, product Liability
J. Pickett finds that the trial court properly dismissed the independent administrator's claims stemming from the deaths of his family members from carbon monoxide poisoning after they used a generator following hurricane-related power outages. Based on the relevant statutes, the independent administrator lacked a cause of action to sue for survival and wrongful death damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: CA-23-455, Categories: civil Procedure, product Liability, Wrongful Death
J. Partida-Kipness finds that the lower court improperly dismissed the family's negligence claims related to a product recall in this case arising from an alleged "rollover accident involving a utility terrain vehicle." The lower court erred in granting the dealer's no-evidence summary judgment motion as to the recall-related claims, as the dealer's motion was "insufficient as a matter of law as to the element of duty." Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 5, 2024, Case #: 05-22-00677-CV, Categories: civil Procedure, Negligence, product Liability
J. Harpool grants the medical device maker's motion to dismiss a product liability suit filed by a patient who claims that her SmartPort CT-Injectable Port, implanted for the purpose of her ongoing chemotherapy, caused her to become infected and develop sepsis. The patient's claims are untimely, as she knew or should have known at the time she underwent surgery to remove the port in 2013, that the product was responsible for her injuries.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: December 7, 2023, Case #: 2:23cv4066, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, product Liability
J. Kyzar finds that the trial court properly dismissed the suit against the combine manufacturer over injuries and damages that occurred when the operator of a combine was using an auger to offload rice when it contacted a power line. The suit was prescribed since it was not filed within the one-year period from when the injury was sustained. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: CA-23-263, Categories: civil Procedure, product Liability
J. Dougherty finds that the superior court properly reversed a venue transfer in this couple’s product liability case alleging negligent lawn mower design following a husband being thrown off the mower and having his legs run over by the blades. The proper venue is Philadelphia County since the record fails to indicate that the company’s products were not regularly available for sale there. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Dougherty, Filed On: November 24, 2023, Case #: J-6-2023, Categories: civil Procedure, product Liability, Jurisdiction
J. Poplin grants the defendant gun manufacturers' motion to preclude the opinion of an undisclosed expert in this product liability lawsuit alleging that a gun owner was injured when a pistol "unintentionally discharged." The doctor was not timely disclosed, as required, and the gun owner does not argue that the delay was "harmless or substantially justified."
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: November 9, 2023, Case #: 3:21cv31, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, product Liability, Experts
J. Dudek grants a manufacturer's motion to exclude an expert for a roofing company in product liability claims concerning the product Tritocryl, which is used in renovations, because the roofing company failed to timely disclose the expert.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: October 30, 2023, Case #: 2:21cv688, NOS: Tort Product Liability - Real Property, Categories: civil Procedure, product Liability, Experts