529 results for 'cat:"Product Liability"'.
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. Clay finds the lower court properly granted the brake manufacturer's motion for summary judgment on indemnification claims. Not only did Nissan fail to produce any evidence at the product liability trial that the brake system was defective and played a role in numerous car accidents, but the jury in the product liability action also failed to attribute any blame to the brake parts, which prevents Nissan from recouping any of the damages awarded by the jury. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 6, 2024, Case #: 22-5469, Categories: product Liability, Indemnification, Contract
J. Partida-Kipness finds that the lower court improperly dismissed the family's negligence claims related to a product recall in this case arising from an alleged "rollover accident involving a utility terrain vehicle." The lower court erred in granting the dealer's no-evidence summary judgment motion as to the recall-related claims, as the dealer's motion was "insufficient as a matter of law as to the element of duty." Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 5, 2024, Case #: 05-22-00677-CV, Categories: Civil Procedure, Negligence, product Liability
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J. Rosenbaum finds that the district court improperly ruled that the Federal Insecticide, Fungicide, and Rodenticide Act preempted the consumer's failure-to-warn claim regarding packaging or labeling of the weedkiller Roundup in a product liability action against Monsanto arising after the consumer developed cancer. Neither the Act or the EPA's registration process preempts the consumer's state law failure-to-warn claim. Monsanto failed to show that the EPA would not have approved the warning label proposed by the consumer concerning the ingredient glyphosate's potentially harmful effects. Vacated.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: February 5, 2024, Case #: 21-10994, Categories: product Liability
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. Dimke denies Daimler Truck's motion for a protective order over questions such as where the company placed "safety" among other criteria, as part of the family's suit accusing Daimler of not equipping its semi-truck with collision warnings and automatic emergency braking, resulting in the truck driver hitting and killing a pedestrian. Daimler argues that topics 1 through 4 should be limited at deposition because they seek information to leverage a juror to artificially increase a damages award, but its compliance with industry safety customs and ensuring its products were safe are relevant to this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: February 2, 2024, Case #: 1:23cv3054, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: product Liability, Wrongful Death, Discovery
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
J. Pallmeyer mostly denies the sued construction materials company’s motion to dismiss an insurance company’s negligence, breach of contract and breach of implied warranties claims. The insurance company in this suit is acting as a subrogee for an agricultural products manufacturer, which bought calcium sulphate from the construction materials company and in turn sold it to a pet food manufacturer as a pet food additive. The court finds the insurance company’s negligence claim against the construction materials company is barred under Illinois’ Economic Loss Doctrine, but the remaining claims survive.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 30, 2024, Case #: 1:23cv1988, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, product Liability, Warranty
J. Thrash partially grants the manufacturer's motion to dismiss a product liability, warranty and fraud class action brought by the consumers arising from a defect in panoramic sunroofs in Mercedes-Benz vehicles which allegedly caused the sunroofs to suddenly shatter under normal driving conditions. The consumers claim that the manufacturer refused to cover repairs. Two of the consumers failed to notify the manufacturer of the defect before the action, therefore their express warranty claims are dismissed. One consumer's implied warranty claim is dismissed for failure to comply with the notice requirement. However, the class sufficiently alleged that the vehicles are unmerchantable. None of the consumers' state law claims are dismissed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 30, 2024, Case #: 1:23cv671, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: product Liability, Warranty, Class Action
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: product Liability, Warranty, Contract
J. Thrash grants the manufacturer's motion to transfer venue of a product liability and negligence action brought by the driver to the western district of North Carolina. The action arose after the driver suffered injuries which left him paralyzed from the chest down when his vehicle's driver seat head restraint broke in a collision. The dealership, the only Georgia resident, was fraudulently joined to the action and the driver's motion to remand the case is denied. The driver failed to state a valid negligence claim against the dealership because he failed to allege that it must have known of the seat's purported design defect. The underlying collision occurred in North Carolina and all the witnesses to the collision reside there.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 24, 2024, Case #: 1:23cv4420, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: product Liability, Venue
Per curiam, the Seventh Circuit remands this product liability suit stemming from a man's injuries when a Samsung SDI battery exploded in his pocket for further jurisdictional discovery. There is insufficient evidence at this point to determine whether Samsung SDI has minimum contacts in Indiana to be sued in the state. Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: January 24, 2024, Case #: 23-1024, Categories: product Liability, Jurisdiction
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
Per curiam, the circuit finds that the district court improperly dismissed class claims alleging elevated levels of toxic metals in Beech-Nut baby food. Deferential "primary jurisdiction" to the U.S. Food and Drug Administration was unwarranted, as the agency postponed plans to soon release an initiative setting levels on lead and goals for other metals, delaying the case indefinitely. Vacated.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 18, 2024, Case #: 23-220-cv, Categories: Administrative Law, product Liability
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