529 results for 'cat:"Product Liability"'.
J. Boulware denies the cardiovascular filter manufacturer's motion for summary judgment on a patient's allegations a blood clot filter was defective after she experienced a long period of complications. This resulted in the removal of the filter, but not a part that had embolized into her left lung. Though warranty breach counts are dismissed, the negligent misrepresentation claim only requires the manufacturer supplied warnings. The surgeon explained he read product warnings, noting if he had been aware of unincluded concerns, he would have selected an alternative device.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:19cv1883, NOS: Tort Product Liability - Real Property, Categories: Negligence, product Liability, Medical Malpractice
J. Vilardo rules against an elevator company in claims contending an elevator malfunctioned and slammed down, causing a correction officer "serious injuries," because questions remain as to whether maintenance records were complete and accurate, and evidence does not support the theory that, since the safety mechanism had not been triggered, a sudden drop had not occurred.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 30, 2024, Case #: 1:18cv333, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability
J. Wier rules in part for defendants in product liability claims concerning artificial tear products because the court lacks jurisdiction over a defendant headquartered in New York, and the record does not indicate specific actions had been taken in Kentucky in relation to the product; meanwhile, the class alleges the product caused financial, not physical, injuries.
Court: USDC Eastern District of Kentucky, Judge: Wier, Filed On: March 29, 2024, Case #: 6:23cv20, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, Jurisdiction, Class Action
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J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, product Liability, False Advertising
J. Chang grants a Ford customer’s motion to consolidate his proposed consumer class action with another similar suit, but also grants Ford’s motion to transfer this case to the Eastern District of Michigan. The customer alleges Ford knowingly sold vehicles with faulty backup cameras, and that even following a recall, his own vehicle’s camera remained unrepaired. The court finds this case and another are sufficiently similar to warrant consolidation, but that Michigan, as the district where the cameras were manufactured, is the more appropriate venue.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 28, 2024, Case #: 1:23cv14027, NOS: Contract Product Liability - Contract, Categories: product Liability, Venue, Class Action
J. Myers partially grants an automated laboratory systems manufacturer’s motion to dismiss allegations of breach of implied warranty and other claims brought by a genetic testing laboratory. Specifically, the laboratory purchased a product called the DreamPrep unit and claims that the unit was defective. Because the manufacturer had a disclaimer written into its warranty, the laboratory’s argument fails under state law. However, the remaining claims, including negligent misrepresentation and negligent manufacturing defect, survive.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 28, 2024, Case #: 5:23cv305, NOS: Contract Product Liability - Contract, Categories: product Liability, Warranty
J. Aenlle-Rocha finds in favor of Home Depot against the customer's complaint that it sold him Graco Magnum X5 paint sprayer that “sparked” and caught on fire, causing serious burns to the customer's right hand, wrist and forearm. The customer does not provide any admissible evidence of a manufacturing defect about the sprayer. His only expect does not affirmatively state that the sprayer had a manufacturing defect, only that it possibly had one.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 27, 2024, Case #: 8:20cv2127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, product Liability, Experts
Per curiam, the circuit finds that the district court properly found for a manufacturer on product liability claims brought by plaintiff, a hair-care customer who contends she experienced hair loss after using a hair extension gel that hardened into a base, as the expert toxicologist she presented failed to provide evidence indicating the product ingredients caused plaintiff's hair loss. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 27, 2024, Case #: 22-2727-cv, Categories: product Liability
J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, Class Action
J. Bokor finds the trial court erred in allowing "harmful hearsay statements" in the son's lawsuit alleging Philip Morris fraudulently concealed the dangers of the cigarettes that caused his mother to die from lung cancer. Philip Morris correctly argues that testimony the mother's sons gave at trial regarding her expressions of anger at the tobacco companies following her cancer diagnosis, specifically that the companies represented that filtered cigarettes were safer, was "backward-looking" and did not properly speak to her state of mind at the time. Because it cannot be proved that this inadmissible hearsay did not contribute to the $43 million verdict in the son's favor, the trial court's final judgment is reversed and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: March 27, 2024, Case #: 21-2214, Categories: Fraud, product Liability
J. Barbadoro denies in part a laser manufacturer’s motion for summary judgment against a man who sued it and another company after he underwent laser surgery and his bladder sustained diffuse thermal burns. The man fails to substantiate that the company knew of the laser’s risks and recklessly disregarded them to deceive the man or his doctors to use the device, but he sufficiently supports his defective design, failure to warn and breach of warranty claims to avoid summary judgment against him.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 26, 2024, Case #: 1:20cv943, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, product Liability, Warranty
J. Russell grants, in part, a manufacturer’s motion to dismiss this products liability, tort, and contract dispute brought by several solar companies. The solar companies request punitive damages and allege the manufacturer sold defective electric power safety cutoff devices, which overheated and failed in multiple projects, creating a high risk of fire and electrocution. The solar companies failed to allege they had a fiduciary or confidential relationship nor that the manufacturer mislead partial or fragmentary statements. Therefore, the fraudulent concealment is dismissed, and the manufacturer must answer the amended complaint. The court will deny the request punitive damages because the burden at this stage has been met on clear and convincing evidence.
Court: USDC Maryland, Judge: Russell, Filed On: March 26, 2024, Case #: 1:23cv1606, NOS: Contract Product Liability - Contract, Categories: Civil Procedure, Negligence, product Liability
J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, product Liability
J. Frank grants the knee implant makers' motions to exclude expert testimony and for summary judgment in the implant recipient's suit alleging that her knee replacement loosened after implantation. The expert's opinion that the particular implant used is especially prone to debonding exhibits "several red flags" regarding her methodology, and at the time of implantation, no knee devices were on the market with the features the expert cites as necessary to prevent debonding. Since the implant recipient's claims regarding the device rely on the now-excluded expert testimony, those claims cannot survive summary judgment.
Court: USDC Minnesota, Judge: Frank, Filed On: March 26, 2024, Case #: 0:22cv331, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: product Liability, Experts
Per curiam, the circuit finds the district court properly awarded summary judgment to the medical device manufacturer. The surgeon placed the device on the patient's spine to repair the membrane protecting the spinal cord. After a second surgery to find the origin of the patient's ensuing headaches, the surgeon discovered the device had disintegrated. The patient has not identified any specific way in which the product deviated from its design. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 26, 2024, Case #: 23-50274, Categories: product Liability, Medical Malpractice
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: product Liability, Class Action
J. Jenkins partially grants the defendant isobutane manufacturer’s motion to dismiss a pharmaceutical company’s breach of contract, breach of warranty, negligence and product liability claims. The isobutane manufacturer produces a component used in the pharma company’s antifungal spray, and now the pharma company accuses the manufacturer of contaminating that component with benzene. The court allows most of the pharma company’s claims to stand but dismisses its negligence and strict liability claims, finding they are barred by the economic loss doctrine.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 24, 2024, Case #: 1:23cv4391, NOS: Contract Product Liability - Contract, Categories: product Liability, Warranty, Contract
J. Dishman partially grants the defendant refrigerator manufacturer's motion to exclude certain expert testimony in this lawsuit stemming from a fire that allegedly began in a recreational vehicle. The owners of the RV contend that the fire was caused by a defective refrigerator, which was inside the RV, and the court finds that their expert's opinions are "generally relevant and helpful." However, certain parts of his report, specifically including his "opinions concerning the safety remedy provided as part of the recalls" and whether the National Highway Traffic Safety Administration approved, are neither relevant nor reliable.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, product Liability, Experts
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
J. Dishman denies the plaintiff vehicle owners' motion to exclude certain expert testimony in this product liability lawsuit arising from a fire that they allege started in a recreational vehicle as a result of a defective refrigerator. The defendant refrigerator manufacturer's expert is a certified fire and explosion investigator who has investigated "more than 1,000 fires, including RV fires where gas absorption refrigerators were present." The court does not find his opinions to be unreliable and notes the spoliation issue "can be adequately challenged on cross-examination."
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: product Liability, Experts