63 results for 'cat:"Product Liability" AND cat:"Experts"'.
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company’s motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv3775, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Class Action
[Consolidated.] J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, product Liability, experts
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who say they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company's motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, product Liability, experts
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Class Action
J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drug AndroGel. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv4117, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Class Action
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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
J. Nelson denies the medical products corporation's motion to exclude the testimony of John Cary, who offered expert testimony on damages, from the patient's lawsuit alleging that the medical products corporation's AccuLIF TL interbody device was defective and caused injury to his spine. Although Cary potentially erroneously applied the RAPEL methodology because his conclusions contradict the evidence on record, this does not mean that Cary erroneously applied the methodology using the reviewed materials, so his conclusions are currently admissible.
Court: USDC Oregon, Judge: Nelson, Filed On: October 17, 2023, Case #: 3:21cv80, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Discovery
J. Lin denies the insurance company's motion to exclude HP's expert from testifying in the insurance company's lawsuit alleging that HP's computer started a fire that caused significant damage to an apartment complex. The expert has “over 29 years of work experience in commercial construction management in the Pacific Northwest" and sufficient support for his report. However, this does not include conclusions about a fire alarm system and the Washington State Sales Tax that were not in his original report, so he is not allowed to testify on those two categories.
Court: USDC Western District of Washington, Judge: Lin, Filed On: October 13, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: product Liability, experts, Discovery
J. Sands denies the company's motion to exclude the medical examiner's Taser-related medical causation opinions in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death. The medical examiner concluded that the decedent died from excited delirium and that pain from Taser deployments contributed to his death. The medical examiner is familiar with the effect Tasers can have on the human body and had sufficient basis to opine that the Taser deployments caused the decedent pain. The medical examiner's testimony could help the jury understand whether the Taser deployments contributed to the decedent's death.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 15, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, product Liability, experts
J. Brodie grants, in part, a motion to exclude expert testimony and subsequently grants partial summary judgment to the manufacturer of a manually-operated tailgate device on a NYS Department of Transportation highway maintenance worker's design defect, manufacturing defect and failure to warn claims. The worker claimed he injured his neck, back and shoulders while trying to stop the tailgate from opening after its chain broke. The court, having excluded portions of an expert's testimony regarding the chain's coverings, finds the litigant fails to allege the existence of a defect in the product's design.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 14, 2023, Case #: 2:20cv3279, NOS: Tort Product Liability - Real Property, Categories: product Liability, experts
J. Lin partially denies the information technology company's motion to exclude the testimony of the insurance company's battery expert, Michael Eskra, as part of the insurance company's lawsuit alleging that the lithim-ion battery in the technology company's laptop started a fire that caused damage to the apartment of an insured client. Although by his own admission Eskra is not an expert on the laptop's System Management Bus (SMBus) and thus cannot explain its intricate details, his detailed report and deposition show that he can explain to a layperson how a SMBus generally functions with a battery system, and how the fire could have started that way.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 5, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: product Liability, experts, Discovery
J. Tunheim denies the dust remover manufacturer's motion for summary judgment in the husband's suit against it alleging that a man who struck and killed his wife in a car collision was impaired after using the manufacturer's product as an inhalant. A reasonable factfinder could find that such misuse of the dust remover by drivers was foreseeable, and therefore that the manufacturer owed a duty to the deceased wife to take greater efforts to prevent such misuse. Similarly, a jury could reasonably find that the manufacturer's actions were a proximate cause for the wife's death, and material fact issues remain regarding failure-to-warn and design defect claims. Cross-motions to exclude expert testimony are both partially granted.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 25, 2023, Case #: 0:20cv1499, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, product Liability, experts
Per curiam, the circuit court finds that the district court properly found for the makers of an antidepressant sued by mothers who claimed their use during pregnancy led to autism spectrum disorder in their children. Exclusion of testimony on general causation by one of the mothers' expert witnesses defeated their contention that prenatal exposure to the drug Lexapro resulted in the disorder in the population at large. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 28, 2023, Case #: 22-146, Categories: product Liability, experts
J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Negligence, product Liability, experts
Per curiam, the circuit finds that the district court properly found for Nike in product liability and negligence claims in which plaintiff blamed his sneakers for a knee injury sustained in a recreational basketball game because expert testimony from a podiatrist on the subject of shoe design was merely conclusory and lacked detail. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-866, Categories: product Liability, experts
J. Sessions allows liability experts for Black & Decker to provide testimony but excludes experts for plaintiff in claims contending a defective miter saw "jumped" during use, causing a 6-inch-deep laceration on plaintiff's forearm. The record does not indicate Black & Decker failed to comply with discovery orders, and one expert's testimony was based on his technical and specialized knowledge of the saw, while another expert was a safety assurance manager for the company. Meanwhile, whether plaintiff had been aware of additional safety clamps, and whether the absence of clamps caused injury, remains unclear.
Court: USDC Western District of New York, Judge: Sessions III, Filed On: July 7, 2023, Case #: 1:18cv486, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability, experts
J. Gallagher grants a MacBook owner her motion to exclude testimony of Apple’s expert testimony after the MacBook’s batteries caught fire and damaged the owner’s apartment and surrounding apartments. Because the expert’s measure of loss does not use diminution in value and the value of the loss after the fire to determine what damages Apple should pay, but instead uses actual cash value of the property before the fire, the expert’s testimony is excluded.
Court: USDC Maryland, Judge: Gallagher, Filed On: July 7, 2023, Case #: 1:20cv651, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Evidence, product Liability, experts
J. Jones denies summary judgment to the machine industry company for the family member's claim that the company's ship exposed the decedent to asbestos while he was in the Navy, which led to his mesothelioma. The family member presents the testimony of Commander Andrew Ott, a Navy veteran and maritime expert with experience working as an engineering plant Ship Superintendent and Project Manager at the Norfolk Naval Shipyard, stating that the company's products were on the ship with the decedent, which also corroborates the decedent's pre-death testimony.
Court: USDC Western District of Washington, Judge: Jones, Filed On: June 30, 2023, Case #: 2:22cv302, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Asbestos
[Consolidated.] J. Atchley partially grants the Kia defendants' motions to exclude certain expert testimony in this product liability action stemming from a fatal car collision. "Without the inadmissible evidence proffered by plaintiffs' experts," the car manufacturers are also entitled to summary judgment, and the case is dismissed accordingly.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: June 23, 2023, Case #: 4:16cv117, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, product Liability, experts
J. Land partially grants the manufacturer's motion to exclude expert testimony from a professor and a urogynecologist in a product liability and fraud action brought by the individual arising from injuries she suffered when she was implanted with the manufacturer's Obtryx transobturator midurethral sling device. However, the professor may offer opinions about clinical complications caused by the degradation of materials and the urogynecologist may offer some opinions including on whether the individual had pudendal neuralgia and whether polypropylene mesh can degrade in the human body. The manufacturer's motion for summary judgment is granted as to the individual's fraud claims but denied as to the failure to warn and punitive damages claims. The individual's motion for partial summary judgment is also partially granted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 22, 2023, Case #: 4:22cv21, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, product Liability, experts
J. Duffin grants Caterpillar’s motion to exclude certain testimony from two experts appearing for the widow in her lawsuit alleging the defective design of one of Caterpillar’s dump trucks led to her husband’s death when the truck he was driving rolled over. One medical professional will not be permitted to opine about whether the husband was conscious for minutes after his accident before he died and another will not be permitted to opine about whether the husband felt pain or terror or suffering before he lost consciousness, as the opinions are either untimely, based on unclear or unsound methodology or they otherwise violate civil procedures. Caterpillar’s motion for oral argument and the widow’s motion for supplemental briefing are both denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 20, 2023, Case #: 2:20cv1874, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability, experts, Wrongful Death
J. Richard Nelson largely denies the cleaning chemical manufacturer's motion for summary judgment and denies its motion to exclude expert testimony in a suit alleging that its disinfectant caused lung issues among its users, including the plaintiff hospital cleaner. One claim for strict liability based on a manufacturing defect is dismissed, since dismissal is unopposed. Product-liability claims based on a design defect and failure to warn survive, as do negligence, breach of express and implied warranty, intentional and negligent misrepresentation and fraudulent concealment claims.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 13, 2023, Case #: 0:20cv1806, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, product Liability, experts