17 results for 'cat:"Consumer Law" AND cat:"Negligence"'.
J. Dooley denies the firearm manufacturers' motion to dismiss for lack of standing, ruling that while the customers' Social Security numbers were not stolen in the data breach, the theft of credit card information - used to make several fraudulent purchases - is sufficient to establish a concrete injury and the threat of imminent harm. However, because the consumers' negligence claim is identical to the contract claim and does not cite any property damage sustained as a result of the manufacturer's negligence, that claim is barred by the economic loss doctrine and must be dismissed.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 27, 2024, Case #: 3:22cv1233, NOS: Other Contract - Contract, Categories: consumer Law, negligence, Class Action
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[Modified.] J. Goldman alters a footnote, adds a footnote and denies a rehearing with no change in judgment. The trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: February 1, 2024, Case #: A165558, Categories: Fraud, consumer Law, negligence
J. Pappert denies in part a paramour’s motion to dismiss his former girlfriend’s suit alleging breach of contract as he failed to pay half of the financing and expenses of a home they had purchased in Bryn Mawr, Pennsylvania, after he moved out and ended the relationship. The girlfriend has sufficiently alleged breach of contract.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: January 11, 2024, Case #: 2:22cv4387, NOS: Other Contract - Contract, Categories: consumer Law, negligence, Contract
J. Goldman finds that the trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: January 9, 2024, Case #: A165558, Categories: Fraud, consumer Law, negligence
J. Joseph denies summary judgment to Amazon.com on the online website’s arguments it is not liable for the products of approximately two million “third party sellers,” including a defective battery charger resulting in a deadly house fire and wrongful death claims. Amazon may re-urge its requests after resolution of questions to the Louisiana Supreme Court regarding an online market operator’s liability for potentially dangerous products sold by a third-party seller under both state law and a legal theory of negligent undertaking.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:20cv1448, NOS: Tort Product Liability - Real Property, Categories: consumer Law, negligence, Product Liability
J. Osteen denies an employment screening service’s motion for summary judgment following one claim of willful violation of the Fair Credit Reporting Act brought by an apartment leasing agent applicant. Another applicant with the same first and last names and the same birthday happened to have a criminal record. The service attached this record to the first applicant’s file and consequently, the apartment leasing company did not hire him. Because there is a dispute of material fact as to whether the service followed its own policy in fact checking the criminal background checks it outsources to a different company, whether the service acted willfully or not cannot yet be determined.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:19cv1077, NOS: Consumer Credit - Other Suits, Categories: Employment, consumer Law, negligence
J. McCafferty grants a multinational company’s motion for summary judgment for two of the claims — one for misrepresentation and another for violation of the New Hampshire Consumer Protection Act — brought against it by a communications company. It denies the motions in regards to the communications company’s claims against the multinational company for breach of contract, acting in bad faith, promissory estoppel and negligence. The multinational company’s statements showed optimism about a deal between the two companies and flattery of the communications company but not liability under the Consumer Protection Act because making unrealistic assurances to placate unhappy customers doesn’t qualify as a liability for that Act, but might for breach of contract.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: August 15, 2023, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: consumer Law, negligence, Contract
J. Fischer adopts a "flexible approach to admitting expert testimony," finding that construction equipment maker Caterpillar may not stop an injured excavator driver from presenting expert testimony alleging manufacturing defects caused the injuries he suffered when a spike tooth on the excavator bucket broke off on a rock and ricocheted, piercing through the closed cab of the vehicle and hitting him in the leg, fracturing his right tibia and fibula. Even though the projectile spike tooth and excavator were not preserved as evidence, the experts may utilize photo evidence for analysis at this stage of litigation.
Court: USDC Western District of Pennsylvania, Judge: Fischer, Filed On: July 28, 2023, Case #: 2:21cv956, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: consumer Law, negligence, Product Liability