281 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Kobayashi grants remand for couple to take their tobacco-related product liability case against a cigarette manufacturer back to Hawaii state court. The couple did not act in bad faith when it settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the couple is denied a request for the attorney fees related to the removal to federal court, as the removal was reasonable given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv86, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Settlements, Product Liability
J. Cornelius grants a medical device manufacturer’s motion to dismiss this wrongful death product liability lawsuit involving a medical defibrillator known as the Evera brought by the patient’s estate. The manufacturer recalled the defective defibrillators due to the battery rapidly and unexpectedly depleting approximately two months before the patient’s death, but the estate alleges the recall should have happened sooner. The estate’s claims are based on post-“premarket approval” behavior, so they are preempted by the Medical Device Amendments of 1976.
Court: USDC Northern District of Alabama , Judge: Cornelius, Filed On: March 6, 2024, Case #: 2:23cv423, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Wrongful Death
J. Strickland grants the cigarette distribution company's motion to dismiss, ruling that because it is headquartered in Virginia and the estate has put forth no evidence to show it conducted business in New Mexico, this court lacks jurisdiction over the party.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 4, 2024, Case #: 2:23cv1136, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Wrongful Death
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J. Chambers grants the Canadian shoe cover manufacturer's motion to dismiss the registered nurse's product liability suit claiming work-issued shoe covers she wore at the Hershel “Woody” Williams Veterans Affairs Medical Center in Huntington caused her to slip and fall "hard on her left side," injuring her left hip. shoulder and ulnar nerve. The court lacks personal jurisdiction to hear the case since the company not only "did not purposefully avail itself of West Virginia," but also "had no clue its shoe covers would end up in the Mountain State."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 29, 2024, Case #: 3:22cv88, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Jurisdiction
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Damages, Negligence
J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
J. DuBose grants, in part, a hip replacement manufacturer’s motion for summary judgment brought by a patient who developed medical complications from flaws in the replacement. The patient states that just six weeks after the procedure, she was walking and heard a popping noise, and adds that her hip locks up, causing her to fall. The doctor found in her radiograph the hip was eccentrically located and needed a revision surgery, then another surgery to address infection. The patient failed to show evidence for all claims except the implied warranty one. The manufacturer also moved to exclude all opinions from experts. The first expert will be prohibited from testifying about an alternative design, and the second witness, a doctor, is excluded due to his reliability to testify as to alternative design.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: February 20, 2024, Case #: 1:22cv190, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Thrash grants the manufacturers' motion to dismiss a product liability action brought by the consumer alleging that she developed acute lymphoblastic leukemia after using the manufacturers' Neutrogena Beach Defense sunscreens. The consumer failed to plausibly establish that the sunscreens she used contained the carcinogen benzene and that the manufacturers' products caused her injuries. A recall notice stating that benzene was identified in some samples of the products does not show that the sunscreens used by the consumer were among the samples.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 20, 2024, Case #: 1:23cv3127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Bourgeois grants a request by the manufacturer of a prescription medical device marketed as a noninvasive cosmetic surgery to remove fat, dismissing a patient's state law product liability claims the procedure caused her fat cells to thicken and expand instead. She does not directly state what warranty the manufacturer guaranteed. At best, she implies that the surgery was safe and would remove fat but this is not enough to support a breach of warranty claim.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 7, 2024, Case #: 3:23cv692, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. Moody grants a hospital food producer’s motion for summary judgment against claims of wrongful death filed by a grandmother’s surviving family members, who were unable to prove her death was due to eating defective, high-sodium food.
Court: USDC Eastern District of Arkansas , Judge: Moody, Filed On: February 2, 2024, Case #: 4:22cv995, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Wrongful Death
J. Marks denies a U.S. Army pilot and co-copilot’s motion to remand this product liability personal injury claim against several helicopter companies. The pilot and co-copilot were on active duty when a UH-72A Lakota helicopter designed, manufactured and sold by the companies experienced both engines to fail during and uncontrollably descended and crashed. The companies removed the case from an Alabama circuit court to this court. One firm, M1 Support Services, has a “casual connection” between its behavior and the claims, and acted as a federal office or agency with the U.S. Army. Therefore, M1 can exercise federal question jurisdiction under the federal officer removal statute and the court does not address the diversity jurisdiction argument.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 1, 2024, Case #: 1:23cv212, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
J. Sargus grants, in part, the polypropylene surgical mesh manufacturer's motion for summary judgment, ruling the patient's failure to warn product liability claim fails because the surgeon who performed the mesh implant surgery admits he did not read any of the literature provided with the product and would not have relied on any of the information in making his recommendation for surgery. Additionally, this failure by the surgeon prevents the patient from proving his fraud and fraudulent concealment claims against the manufacturer, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 1, 2024, Case #: 2:18cv1440, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Health Care, Product Liability
J. Blakey partially grants a Navy equipment manufacturer’s motion for summary judgment on a Navy veteran’s asbestos claims. The veteran contracted mesothelioma after years of exposure to asbestos while serving in the Navy, with the manufacturer’s gaskets being a prime source. The court finds for the manufacturer on the veteran’s willful and wanton conduct claim, but allows the veteran’s negligence and strict liability claims to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: January 31, 2024, Case #: 1:21cv4316, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Veterans, Product Liability, Asbestos