529 results for 'cat:"Product Liability"'.
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: Damages, product Liability, Class Action
J. Drell grants a request by the seller of a Caterpillar bulldozer to a parish government, dismissing the company from a wrongful death suit filed by the widow and children of the vehicle’s operator. The operator’s family has no reasonable possibility of recovery under state law, and they have not shown the company was a professional vendor with control over the design or construction of the bulldozer. Furthermore, because a warning to wear a seatbelt was posted on the machine within the operator’s view, the seller did not have a duty to verbally warn parish employees that operating the bulldozer without wearing the seatbelt could be dangerous.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:23cv672, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Employment, product Liability, Wrongful Death
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J. Pepper grants a manufacturer’s motion to enforce the court’s discovery order and for sanctions against an individual. The individual filed suit against a manufacturer claiming he was injured when a chair the company made collapsed, resulting in quadriplegia. The court ordered the individual to respond to the manufacturer’s discovery requests, but he has not fully complied. The court grants the manufacturer’s motion to compel discovery and orders the individual to produce the requested documents by a certain deadline or face additional sanctions.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 16, 2024, Case #: 2:22cv586, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, product Liability, Discovery
J. Devers dismisses a motorcycle dealer as a party to this suit and affirms the other parties’ claim that the dealer was fraudulently added. A couple bought a motorcycle elsewhere and noticed it was leaking oil, then took it to the dealer for repair. After a successful repair, the couple crashed when part of the braking system failed, killing the wife and causing serious injury to the husband. The other parties argue the husband and his wife’s executrix added the dealer to foil diversity jurisdiction because they could not claim negligence against the dealer. They then tried to remand the suit, but as they are found to have fraudulently added the dealer, and because diversity jurisdiction still exists, the dealer is dismissed and the motion to remand is denied.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 15, 2024, Case #: 5:23cv591, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Fraud, product Liability, Jurisdiction
J. Birzer grants a patient's motion to leave to file an amended complaint concerning strict products liability claims against a pharmaceutical company. The patient, who suffers from alopecia after taking a breast cancer chemotherapy drug, sufficiently showed in court that the manufacturer created an "informational tear sheet" distributed to chemotherapy nursing staff, falsely claiming that hair loss was temporary.
Court: USDC Kansas, Judge: Birzer, Filed On: April 12, 2024, Case #: 6:23cv1228, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, product Liability
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
J. Kennelly grants a baby formula manufacturer’s motion to dismiss an unjust enrichment class action brought by a nationwide class of consumers. The consumers paid more for baby formula after the manufacturer instituted a mass voluntary recall of tainted formula and shut down the facility where the formula was produced. Despite this, the court finds the class has failed to state a claim, opining there is no law under which the manufacturer “was obligated to maintain particular levels of formula production and supply or otherwise ensure stable formula prices.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:22cv4148, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, Business Practices, Class Action
J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: Vehicle, product Liability, Contract
[Consolidated] J. Callahan dismisses three consolidated appeals challenging the district court’s decision to remand each of the underlying product liability actions back to California state court. The three consolidated product liability matters were dismissed for lack of jurisdiction.
Court: 9th Circuit, Judge: Callahan, Filed On: April 10, 2024, Case #: 23-55403, Categories: product Liability, Jurisdiction
J. Maxa finds that the lower court improperly issued summary judgment in favor of Industrial Scientific Corporation (ISC) in a lawsuit brought by an independent contractor who suffered respiratory injuries after being exposed to chlorine dioxide at a paper mill. While summary judgment was properly issued to the owner of the mill for not having a special duty of care towards the contractor, the same cannot be said for ISC. It had safety monitors that failed to go off after the contractor was exposed to the dangerous levels of chlorine dioxide, and as a result, claims can continue against it under the product liability theory. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 9, 2024, Case #: 58137-0-II, Categories: 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