280 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
J. Riggs issues partially redacted findings of fact in a wrongful death suit against a tire company alleging that manufacturing and design defects on a tire led to a deadly car accident. There was “no defect” in the subject tire, the tire company was “not negligent,” and claims centered on alleged negligence or product defects therefore fail.
Court: USDC New Mexico, Judge: Riggs, Filed On: June 1, 2023, Case #: 1:17cv922, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Wrongful Death
J. Berger overrules the automotive manufacturer’s objections and adopts the magistrate judge’s report finding the company failed to meet its discovery obligations which not only caused discovery to be reopened, but also prevented a “good faith, productive mediation” in the New York resident’s suit over injuries he and his son sustained in 2020 after crashing their utility terrain vehicle. The court concurs that the manufacturer’s conduct is so egregious as to impose monetary sanctions against it for the legal fees and expenses the resident incurred associated with pursing his motion as well as a jury instruction prior to trial.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 31, 2023, Case #: 2:21cv501, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Discovery
J. Nagala grants the parents' motion to remand to the Connecticut Superior Court, ruling this court lacks jurisdiction over their suit against the social media platforms because the plaintiffs and the individual defendants are based in Connecticut. Although Meta Platforms argues the individual defendants who sexually assaulted the social media user were misjoined to the action to prevent removal to this court, there is no egregious conduct on the part of the parents, while the individual defendants' actions are at least somewhat related to the claims against the social media platforms.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 24, 2023, Case #: 3:23cv284, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
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J. Sorokin grants an individual's motion for partial summary judgment on her claims against an eye center for surgery she underwent in 1986. New York law applies and, therefore, the cap on damages under Massachusetts law does not apply, as New York's contacts and interests outweigh those of Massachusetts in this case.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: May 23, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, Negligence, Choice Of Law