51 results for 'nos:"Property Damage Product Liability - Torts - Personal Property"'.
J. Dishman denies the refrigerator owners' motion to compel certain discovery in this product liability lawsuit involving a fire that was allegedly caused by the refrigerator installed on their recreational vehicle. The owners seek certain testing materials, which were produced by an outside consultant for the refrigerator manufacturer. However, it is not clear how the material is relevant to the claims at issue here, as the testing was done on other models of refrigerators.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 8, 2023, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Discovery
J. Hurd denies an insurer’s motion to exclude two experts’ testimony seeking to rebut claims that a manufacturer’s exhaust fan was defective and was the source of a fire that damaged an insured’s apartment building. The court finds their testimony, which suggests the fire was resulted from wood placed near a heating source, is sufficiently based on reliable principles and methods. The court further grants the insurer’s motion to preclude the experts’ cumulative testimony.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 7, 2023, Case #: 8:22cv1356, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Product Liability, Experts
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. DuBose grants in part two manufacturers’ motion for summary judgment on property owners’ negligence, warranty and other class claims related to allegedly defective Chinese-manufactured drywall. “Plaintiffs’ damages are limited to the diminution in value of their property, but costs of remediation are admissible to show such.”
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 7, 2023, Case #: 1:21cv447, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
J. Bucklo grants Ford's motion to dismiss the claims of a named plaintiff in this product liability suit, as punishment for the named plaintiff spoliating evidence. Specifically, the named plaintiff traded in his Ford F-150 vehicle in October 2021 before his lease ended and without alerting Ford’s attorneys. As this class action case is about Ford allegedly selling and leasing F-150 trucks with faulty transmissions, and the plaintiff’s truck was a piece of evidence relevant to the case, the court finds that dismissing the plaintiff from the suit is a reasonable form of sanctions.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 20, 2023, Case #: 1:19cv5045, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Sanctions, Product Liability, Class Action
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. Weisman partially grants a number of agriculture and chemical companies’ motion to compel discovery from Illinois state agencies, as part of the underlying case over the companies’ manufacture, marketing and distribution of toxic polychlorinated biphenyls (PCBs) in the state. In line with the motion, the court compels the Illinois Environmental Protection Agency, the Illinois Department of Natural Resources, the Illinois Department of Public Health and the Illinois Department of Agriculture to answer the companies’ Rule 34 discovery requests.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: June 20, 2023, Case #: 1:22cv5339, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Product Liability, Discovery
J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Fraud, Negligence, Contract
J. Matsumoto denies post-judgment motions that seek to overturn or vacate a jury’s verdict that found BMW of North America liable for the losses to the litigant’s jewelry inventory when its owner’s BMW X3 unexpectedly caught fire and destroyed the jewelry inventory stored within the vehicle at the time. The litigant was subsequently awarded $450,000 in damages plus pre- and post-judgment interest. The court finds that circumstantial evidence at trial which showed the vehicle’s tire pressure monitoring system failed to warn the driver of a flat tire, which contributed to the fire, was sufficient for the jury to return a verdict in the litigant’s favor.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: May 15, 2023, Case #: 1:15cv6519, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, Product Liability