529 results for 'cat:"Product Liability"'.
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
J. Lagoa certifies to the Florida Supreme Court a question arising from the magistrate judge's decision awarding $1.7 million in damages to the insurance administrator and rejecting the crane distributor's claim that Florida's economic loss rule shielded it from liability in a negligence and unfair trade practices action arising from the collapse of a crane boom. Florida law is unclear as to the economic loss rule's applicability to the case. The Florida Supreme Court should consider whether the rule applies to negligence claims against a product distributor for the failure to alert a product owner of a known danger when the only damages claimed are to the product itself.
Court: 11th Circuit, Judge: Lagoa, Filed On: February 29, 2024, Case #: 22-14104, Categories: Negligence, product Liability
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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. Gremillion finds that the trial court improperly granted summary judgment as to design defect and other claims in a customer's suit over injuries suffered at an amusement park that occurred when he landed head-first while exiting a slide. There are genuine issues of fact as to whether a deviation from the slide template caused the customer's injuries. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: February 28, 2024, Case #: CA-23-446, Categories: Evidence, Negligence, product Liability
J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, product Liability, Class Action
J. Southwick finds the district court properly dismissed the pilot's claims against the corporate defendants. The pilot suffered injuries from a crash caused by alleged component malfunctions of the single-engine plane he was flying. He filed suit in Mississippi state court against various manufacturers, and the suit was removed to federal court because two Mississippi defendants were improperly joined. Claims against the out-of-state defendants were then dismissed for lack of personal jurisdiction. Although certain requested documents could potentially show Mississippi connections, the pilot relies "on vague assertions that additional discovery will produce needed, but unspecified facts,” which is insufficient to allow jurisdictional discovery. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 23, 2024, Case #: 22-60603, Categories: product Liability, Jurisdiction, Aviation
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. Nalbandian finds the trial court properly granted the manufacturers' motion for summary judgment in a products liability case. The lack of expert testimony of causation was fatal to the patients' claims, as such testimony is required in complex, multidistrict litigation. Furthermore, the expert witness's reliance on a single clinical trial that did not conclusively prove a link between the diabetes drug and heart failure and his decision to ignore numerous other studies that showed no causal link between the two allowed the trial court to grant the drug manufacturers' motion to exclude his testimony. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: February 13, 2024, Case #: 22-6078, Categories: Evidence, product Liability, Experts
J. Stadtmueller partially grants summary judgment to the trucking company in a lawsuit involving a disputed warranty claim from an insurance company on behalf of an insured whose driver was driving a truck manufactured and serviced by the company when he crashed into a highway median, which he and the company claim was caused by the truck's defective power steering. The insurance company's claim of breach of implied warranties fails and is dismissed with prejudice, in part because the disclaimer language regarding implied warranties in the relevant warranty agreement is conspicuous enough, though it is "a close case." The insurance company's breach of express warranty claim survives and will move forward to trial for a jury to decide whether the crash was caused by defective power steering or the driver's own fault.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 12, 2024, Case #: 2:23cv219, NOS: Contract Product Liability - Contract, Categories: product Liability, Warranty, Contract
Per curiam, the court of appeals finds in this interlocutory appeal that the lower court properly dismissed the appellees' product liability claims without prejudice but improperly granted them leave to amend their pleadings as to the appellant company. Due to the dismissal, the appellees "no longer had any pleadings" against the appellant company to amend. Accordingly, the matter is remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: 05-23-00662-CV, Categories: Civil Procedure, product Liability
J. Hardy dismisses a home builder’s breach of contract and negligence claims against the lumber company that provided moist, and eventually moldy, materials for the builder's personal house. The homeowner lacks standing because the contract was with his company, which ultimately owns the house, not the home builder as an individual.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: February 8, 2024, Case #: 2:20cv1763, NOS: Contract Product Liability - Contract, Categories: Negligence, product Liability, Contract
J. Pickett finds that the trial court properly dismissed the independent administrator's claims stemming from the deaths of his family members from carbon monoxide poisoning after they used a generator following hurricane-related power outages. Based on the relevant statutes, the independent administrator lacked a cause of action to sue for survival and wrongful death damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: CA-23-455, Categories: Civil Procedure, product Liability, Wrongful Death