281 results for 'nos:"Personal Injury - Product Liability - Torts - Personal Injury"'.
J. Johnson denies the defendant companies' motion to claw back a document produced during discovery in a product liability suit involving a defective surgical stapler. The document, an Establishment Inspection Report from the FDA, is relevant to the claims and not protected by work product privilege.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: January 23, 2024, Case #: 4:19cv870, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Discovery
J. Reidinger grants Pfizer’s motion to dismiss allegations of product liability brought by a consumer who claims an arthritis medication damaged her kidneys. The consumer reports that her doctor diagnosed her with stage 3 kidney disease, and that after she stopped taking Pfizer’s medication, her kidney condition improved. However, she presents only cursory information that is not enough to state a claim.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 22, 2024, Case #: 1:23cv281, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Negligence, Product Liability
J. Kirsch rules for the U.S. in claims contending tenants suffered severe injuries due to asbestos, mold, and other unhealthy living conditions at the Veterans Affairs apartments. The administrative claims were denied in 2020, and the tenants failed to file the claims in federal court within six months of that decision. Further, despite the tenants' medical problems, nothing justified equitable tolling.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 22, 2024, Case #: 3:22cv583, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Veterans, Negligence, Asbestos
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J. Currault denies requests by Amazon and Whole Foods to bar counsel for parents of an autistic child from quizzing corporate representatives on specific topics in upcoming depositions for a baby food contamination suit. Considering the parents’ negligence and sale nullification claims against the food retailers are overly broad, the ruling restricts, rather than strikes, certain deposition topics, such as any due diligence the corporations performed regarding heavy metals in products that allegedly contributed to their child’s developmental disorder.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 22, 2024, Case #: 2:22cv551, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Health Care, Negligence
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Wrongful Death
J. Valderrama grants a food company’s motion to dismiss a shipping worker’s two claims for unfair and deceptive practices. The worker was injured when, while working inside a truck, a can of cooking spray produced by the food company ignited and cause a flash fire. Though the worker has other counts pending against the company for her injuries, the court finds she has not sufficiently alleged these two.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 16, 2024, Case #: 1:20cv7065, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Fraud, Negligence, Product Liability
J. Milazzo denies a request by the maker of an allegedly defective chemotherapy drug to vacate the multi-district court’s case management order in a mass product liability litigation. The pharmaceutical company unsuccessfully argued the lawyers for the cancer patient-litigants violated the multi-district litigation (MDL) court’s established procedure for controlling pretrial discovery by introducing new and previously excluded testimony. Out of 14 hours of preserved testimony, the drug-maker alleges only five violations, which can be cured by striking the improper testimony. The order specifically provides the MDL court will not decide issues related to admissibility of preservation deposition testimony at trial, which are reserved for the receiving courts.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: January 8, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability, Discovery
J. Maze grants Fiat Chrysler’s motion for summary judgment on product liability claims brought by a couple alleging defective product design, manufacturing defect and breach of warranty. The couple failed to prove that their Fiat 500X SUV caught fire in the driveway, then the fire spread to the home, because of a defective engine. They only brought their own photos of the fire and the fire report, and not any expert testimony that could point to Fiat Chrysler’s liability.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 8, 2024, Case #: 1:22cv980, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Warranty
J. Blake grants a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have failed to respond or contest to the manufacturer’s argument. Therefore, the claims have been abandoned or were denied in a previous proceeding.
Court: USDC Maryland, Judge: Blake, Filed On: January 8, 2024, Case #: 1:14cv3138, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Huff grants a personal care company's motion to dismiss negligent product liability claims brought by a consumer who allegedly suffered injuries after using a defective wax hair remover product. The consumer goods company has provided undisputed evidence that it did not design, manufacture, label or distribute the product in California or within the United States. The product was manufactured in Spain and distributed for sale in the Canadian market. Therefore, the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 2, 2024, Case #: 3:23cv2051, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
J. Kenney grants a company’s renewed motion to assess defense fees and costs in this product liability case wherein a customer alleges its rolling walker device collapsed underneath her while she was exiting a subway car, causing her injuries. The rolling walker’s manufacturer, a third party, must pay for defense fees and costs incurred in this matter and the settlement amount since it refused to comply with court orders in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: December 29, 2023, Case #: 2:19cv268, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Attorney Fees
J. Gillmor declines to exclude testimony from two experts for a case where a water heater exploded and killed a mother and her infant daughter, finding that the fire and explosion expert and the engineer expert submitted by the deceased’s relatives are qualified by years of experience and certifications, and used reliable data to present relevant testimony.
Court: USDC Hawaii, Judge: Gillmor, Filed On: December 28, 2023, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Wrongful Death
J. Trauger denies the defendant company's motion for review of a magistrate judge's order, which mostly granted the motion to compel discovery in this dispute "between a U.S. citizen and a foreign company." The defendant, an Italian employer, contends that Italian privacy laws prevent it from searching employee emails without consent, but it fails to establish grounds for "rejecting or modifying any part of the underlying Order."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: International Law, Product Liability, Discovery
J. Land denies Ford's motion for summary judgment in a renewed product liability and negligence action brought by a deceased driver’s mother and a passenger. The driver lost control of a 2001 P207 Ford Explorer Sport Trac when the tread on a tire separated. The vehicle rolled over four times. A reasonable jury could find that Ford knew the vehicle’s target understeer gradient was low and that the issue often caused drivers to lose control of their vehicles. A genuine issue of fact exists as to whether Ford acted with reckless, willful or wanton disregard for life or property in designing the vehicle.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:22cv62, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Gordon grants the tool company's motion for summary judgment on a customer's negligence claim, precipitated by a customer's nail-gun injury. The tool company did not design, manufacture, distribute or sell the nail gun, nor did it have part in the formulation of any warnings on the packaging. In a separate order, the court certifies a question to the Nevada Supreme Court regarding whether a trademark licensor is subject to strict products liability.
Court: USDC Nevada, Judge: Gordon , Filed On: December 18, 2023, Case #: 2:22cv938, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Trademark, Product Liability