529 results for 'cat:"Product Liability"'.
J. Higginbotham finds the district court improperly denied Ferrellgas's motion for judgment as a matter of law. The customer was injured while using a Ferrellgas propane tank and alleges a manufacturing defect and negligence. The injured party did not produce evidence showing why a cap over the tank's valve would be considered a seal. Packaging of the tank is not sealed and there is no way of showing what might have occurred during shipping. Reversed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: March 21, 2024, Case #: 23-10019, Categories: Negligence, product Liability
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J. Chhabria allows some narrow negligence and product liability claims to proceed against Apple in a complaint alleging that its AirTag products do not have enough safeguards against stalkers. A handful of stalking victims have properly alleged at this early stage that when they were being stalked by people using AirTags, problems with the AirTags' safety features led to their injuries. Apple's argument that California law does not require the company to be more proactive in protecting users from stalkers can be made at a later stage.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 15, 2024, Case #: 3:22cv7668, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, product Liability
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: Damages, product Liability, Wrongful Death
J. grants final approval to a $45 million settlement between consumers and Altria Group in a class action over the marketing and sales of JUUL products, which consist of electronic cigarettes and nicotine packs, to minors. This settlement follows a settlement with JUUL Labs for $255 million. Although attorney fees have not yet been decided, “the amounts requested do not undermine the court’s conclusions that the Altria class settlement is as a whole fair and reasonable.”
Court: USDC Northern District of California, Judge: Orrick, Filed On: March 14, 2024, Case #: 3:19md2913, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Settlements, product Liability, Class Action
J. Knapp grants the ladder manufacturer's motion to exclude the testimony of the expert witness, ruling that although he is qualified to give an opinion on any defects in the ladder, his visual observation method to determine the reason for the ladder's failure is insufficient to establish causation. Additionally, without the testimony of the expert witness, the injured individual has not put forth a viable manufacturing defect claim and his complaint must be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 14, 2024, Case #: 5:22cv72, NOS: Tort Product Liability - Real Property, Categories: Evidence, product Liability, Experts
J. Mortensen finds that the trial court properly applied postjudgment interest on a damages award in a product liability case beginning from the date of the final judgment in 2018. The trial erroneously overturned the jury's damages award, but the Utah Supreme Court reinstated it, and no issues remained undecided after the judgment. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20220957-CA, Categories: Damages, product Liability
J. Kobick denies a health care technology company’s motion to dismiss a claim of negligent misrepresentation brought against it by a recipient of its Obtryx medical device and her husband. The couple adequately supports that they have, and will continue to, suffer economic damages and they can continue with their negligent misrepresentation claim if they drop their failure-to-warn claim under the Ohio Product Liability Act.
Court: USDC Massachusetts, Judge: Kobick, Filed On: March 12, 2024, Case #: 1:23cv11848, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Consumer Law, product Liability
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, product Liability, Indemnification
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. Rowland grants a number of Illinois municipalities’ motion to remand this ongoing negligence, nuisance and product liability suit to the Circuit Court of Cook County. The municipalities sued Monsanto and several other companies over their contamination of public land and water with polychlorinated biphenyls, highly carcinogenic chemicals whose production was banned in the U.S. under the Toxic Substances Control Act of 1976. The municipalities initially filed suit in Cook County, but companies had the case moved to federal court from in 2023 on the grounds that federally administered lands and waters were implicated in the complaint. But the court grants the remand on the basis of the municipalities disclaiming any injuries to federal holdings, and only seeking restitution for damage done to their own jurisdictions.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: March 11, 2024, Case #: 1:23cv3140, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, product Liability, Venue
J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, product Liability, Class Action
J. James finds the Appeals Court erred in affirming a trial court ruling for one provision of a contract as it relates to liability. “To waive tort liability, contract language must be clear and explicit; waiver will not simply be deduced from inference or implication.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: March 7, 2024, Case #: S070083, Categories: product Liability, Contract
J. Stanfill finds the lower court improperly overturned a ruling in a small claims action for the purchasers of a used car, a 2011 Volvo, that allegedly had problems with the catalytic converters. It is unclear the evidence could not support a finding that the dealer breached the warranty of inspectability. Accordingly, the matter is remanded to affirm the small claims judgment. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: March 7, 2024, Case #: 2024ME18, Categories: Vehicle, product Liability, Warranty
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. Vascura grants the shingle manufacturer's motion for summary judgment, ruling the homeowners have produced no expert testimony or other evidence to support their claim the shingles installed at their home were defective. Rather, the majority of their claims relate to the improper installation of the shingles by the roofing company; therefore, the manufacturer cannot be held liable.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:22cv3231, NOS: Contract Product Liability - Contract, Categories: Evidence, product Liability, Contract
J. Walter grants a request by a Texas fabricating and manufacturing company to dismiss on jurisdictional grounds claims arising from a contract product liability suit brought against a Louisiana design business by a fiberglass factory, also located in Texas. The Louisiana company alleges the fabricator is responsible for making parts of two 111-feet ventilation stacks for the fiberglass factory, one of which blew over from about 35-feet above ground level, damaging the plant below. The only performance of the contract in Louisiana was done by the design company located in Shreveport. The Texas-based fabrication plant did not purposefully avail itself of the privilege of conducting business within Louisiana or invoke the benefits and protections of Louisiana law. Therefore, the Louisiana court does not have jurisdiction over the Texas stack-builder.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: March 4, 2024, Case #: 5:22cv5837, NOS: Contract Product Liability - Contract, Categories: product Liability, Jurisdiction, Contract