23 results for 'cat:"Consumer Law" AND cat:"Product Liability"'.
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, product Liability, False Advertising
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. Raphael finds that the trial court properly awarded a mattress manufacturer some of the costs it incurred before mattress buyers dismissed their products liability suit. The manufacturer did not know the case would be dismissed before it started discovery and paid fees for service of process and court reporters in preparation for depositions. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: January 8, 2024, Case #: E079859, Categories: consumer Law, product Liability, Attorney Fees
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J. Durkin mostly grants a group of bike manufacturers’ motions to dismiss a product liability suit. A consumer brought the suit after her bike’s front wheel fell off as she was riding, causing her to fall and sustain injuries to her hands, head and wrists. The court finds it lacks jurisdiction over several of the companies involved in the bike’s manufacture, and dismisses the claims against them pending an amended complaint from the consumer which addresses jurisdiction specifically.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 27, 2023, Case #: 1:23cv1328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: consumer Law, product Liability, Jurisdiction
J. Joseph denies summary judgment to Amazon.com on the online website’s arguments it is not liable for the products of approximately two million “third party sellers,” including a defective battery charger resulting in a deadly house fire and wrongful death claims. Amazon may re-urge its requests after resolution of questions to the Louisiana Supreme Court regarding an online market operator’s liability for potentially dangerous products sold by a third-party seller under both state law and a legal theory of negligent undertaking.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:20cv1448, NOS: Tort Product Liability - Real Property, Categories: consumer Law, Negligence, product Liability
J. Pallmeyer partially allows the parent of a child who developed fatal necrotizing enterocolitis from drinking tainted baby formula to refile a complaint against the company that developed the formula. The parent is among dozens whose children suffered necrotizing enterocolitis and died from drinking the formula, but willingly dismissed many of her earlier charges when the company moved for dismissal. She now seeks to refile for damages, the Illinois Wrongful Death Act and the Illinois Survival Act. The court denies her Survival Act claim but allows the others to go forward.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: November 21, 2023, Case #: 1:22cv2222, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: consumer Law, product Liability, Wrongful Death
J. Rowland partially dismisses this consolidated, multidistrict product liability class action over multiple cosmetic companies’ allegedly carcinogenic hair products. The court dismisses two of the companies as defendants entirely, and also tosses three of the claimants’ negligence per se, fraud and unfair and deceptive trade practices claims. The remaining dozen counts survive.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: November 13, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: consumer Law, product Liability, Class Action
J. Tigar allows some claims to continue against Gilead in an ongoing dispute over the company's drugs that contain tenofovir disoproxil fumarate, or TDF, that allegedly causes severe kidney and bone damage. Roughly 75 cases and 3,000 plaintiffs from across the country have been consolidated into this case, and while Gilead prevails on some labeling and fraud claims, the drug maker has failed to show that a jury could not potentially find that its TDF drugs were defectively designed.
Court: USDC Northern District of California, Judge: Tigar, Filed On: September 28, 2023, Case #: 4:18cv6972, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: consumer Law, product Liability, Warranty
J. Fischer adopts a "flexible approach to admitting expert testimony," finding that construction equipment maker Caterpillar may not stop an injured excavator driver from presenting expert testimony alleging manufacturing defects caused the injuries he suffered when a spike tooth on the excavator bucket broke off on a rock and ricocheted, piercing through the closed cab of the vehicle and hitting him in the leg, fracturing his right tibia and fibula. Even though the projectile spike tooth and excavator were not preserved as evidence, the experts may utilize photo evidence for analysis at this stage of litigation.
Court: USDC Western District of Pennsylvania, Judge: Fischer, Filed On: July 28, 2023, Case #: 2:21cv956, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: consumer Law, Negligence, product Liability
J. Anello rules a class of consumers may pursue fraud claims against a nutrition company that sells a dietary supplement called Keto K1000 powder. The consumer sufficiently alleges that the nutrition company mislabeled its products as containing "nothing artificial," when they actually contain DL malic acid, a synthetic substance derived from petrochemicals, and that he would not have purchased the product had he known the truth.
Court: USDC Southern District of California, Judge: Anello, Filed On: July 7, 2023, Case #: 3:23cv216, NOS: Contract Product Liability - Contract, Categories: consumer Law, product Liability, False Advertising
J. Richardson grants the car manufacturer's dismissal motion in this lawsuit concerning a 2021 Nissan Altima, which allegedly suffered from multiple problems, including "stopping while accelerating." The complaint fails to state a claim for breach of contract against the manufacturer, as it does not "plausibly allege the existence of a contract" between the customer and the manufacturer. The customer's claim under the Tennessee Consumer Protection Act will also be dismissed.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 15, 2023, Case #: 3:22cv809, NOS: Other Contract - Contract, Categories: consumer Law, product Liability, Contract