35 results for 'cat:"Tort" AND cat:"Product Liability"'.
J. Huffaker grants, in part, the medical device maker’s motion to dismiss a product liability suit filed by a patient who claims that her Smart Port, implanted for the purpose of infusion therapy was defective. She alleges claims under the Alabama Extended Manufacturer’s Liability Doctrine as well as claims for negligence, breach of warranty and wantonness concerning the device’s catheter, which fractured near her heart. The patient’s claims have an articulated reasonable set of facts that could make the medical device maker’s liable for failure to warn. Therefore, the AEMLD, negligence and wantonness claims may proceed, and the patient concedes her warranty claim.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 23, 2024, Case #: 2:24cv112, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, Negligence, product Liability
J. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Evidence, tort, product Liability
J. Dick denies a request to dismiss for lack of jurisdiction a chemical plant worker’s complaint the negligence of a tank valve manufacturer resulted in the spraying of extremely hot liquor, causing him severe burns and the loss of sight in both eyes. Although the manufacturer is not incorporated in Louisiana, the disabled worker has alleged sufficient facts to show the valve-maker availed itself of the privileges of conducting business in the state.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:23cv505, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Commerce, tort, product Liability
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J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, tort, product Liability
J. Johnson denies the defendant companies' motion to claw back a document produced during discovery in a product liability suit involving a defective surgical stapler. The document, an Establishment Inspection Report from the FDA, is relevant to the claims and not protected by work product privilege.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: January 23, 2024, Case #: 4:19cv870, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, product Liability, Discovery
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, product Liability, Wrongful Death
J. Gordon grants the tool company's motion for summary judgment on a customer's negligence claim, precipitated by a customer's nail-gun injury. The tool company did not design, manufacture, distribute or sell the nail gun, nor did it have part in the formulation of any warnings on the packaging. In a separate order, the court certifies a question to the Nevada Supreme Court regarding whether a trademark licensor is subject to strict products liability.
Court: USDC Nevada, Judge: Gordon , Filed On: December 18, 2023, Case #: 2:22cv938, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Trademark, product Liability
J. Menendez grants the generator manufacturer's motion for summary judgment on the insurer's design- and manufacturing-defect claims stemming from an fire which the insurer alleged was caused by a defective generator. The insurer has not met its burden to prove the existence of an alternative, feasible, safer design for the generator, nor that the generator departed from its intended design or caused the fire.
Court: USDC Minnesota, Judge: Menendez, Filed On: December 14, 2023, Case #: 0:21cv1749, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: tort, product Liability
J. Kindred denies in part a gun manufacturer's motion for summary judgment in a personal injury suit regarding its single-action five-shot revolver after an individual's gun fell from its holster, struck a rock, and discharged, sending a bullet into the individual's shoulder. A jury could conclude "that a handgun that discharges without a pull of the trigger when dropped is unfit for ordinary use or that the product failed to perform as safely as an ordinary consumer would expect." The individual's strict liability claim continues.
Court: USDC Alaska, Judge: Kindred, Filed On: November 22, 2023, Case #: 3:19cv292, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, product Liability, Firearms
J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Negligence, product Liability
J. Duffin grants the manufacturer's motion for sanctions against the insurance company for violations of discovery rules in the company's lawsuit over fires caused by the manufacturer's defective dryers. The company litigating a motion to compel documents that its expert had already purchased in some form from a third party was an abuse of the discovery process, so even though the federal rule the manufacturer cites does not apply to discovery requests, the motion is granted in that it is awarded costs and fees it incurred responding to the company's motion to compel. The insurance company's motion to reopen discovery in light of a recall of dryers that occurred shortly after discovery closed is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:20cv1455, NOS: Tort Product Liability - Real Property, Categories: tort, product Liability, Discovery
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
J. Park finds that the district court properly found for a supplier when a tank filled with compressed air exploded during a test of fire-suppression equipment and severely injured a worker. Federal provisions governing equipment used in transporting hazardous materials applied to the tank, precluding broader state law claims for product liability and negligence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 24, 2023, Case #: 22-754, Categories: Preemption, tort, product Liability
J. Smith finds the district court properly dismissed this liability suit based upon cancer deaths arising from emissions of a petrochemical manufacturing facility in Reserve, Louisiana. The injured party who does not work for the company, and whose wife died from cancer has not plausibly pled a duty that the Louisiana defendants violated. Though, he cannot be held to be suspicious of invisible and unknown emissions of surrounding companies or to embark independently on an investigation of the inner workings of an otherwise ordinary plant, and the court improperly dismissed claims predicated on his wife’s death. Affirmed in part. Reversed and remanded in part. The denial of leave to amend claims predicated on emotional injuries is vacated.
Court: 5th Circuit, Judge: Smith, Filed On: August 22, 2023, Case #: 22-30526, Categories: Health Care, tort, product Liability
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