19 results for 'cat:"Fraud" AND cat:"Product Liability"'.
J. Devers dismisses a motorcycle dealer as a party to this suit and affirms the other parties’ claim that the dealer was fraudulently added. A couple bought a motorcycle elsewhere and noticed it was leaking oil, then took it to the dealer for repair. After a successful repair, the couple crashed when part of the braking system failed, killing the wife and causing serious injury to the husband. The other parties argue the husband and his wife’s executrix added the dealer to foil diversity jurisdiction because they could not claim negligence against the dealer. They then tried to remand the suit, but as they are found to have fraudulently added the dealer, and because diversity jurisdiction still exists, the dealer is dismissed and the motion to remand is denied.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 15, 2024, Case #: 5:23cv591, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: fraud, product Liability, Jurisdiction
J. Bokor finds the trial court erred in allowing "harmful hearsay statements" in the son's lawsuit alleging Philip Morris fraudulently concealed the dangers of the cigarettes that caused his mother to die from lung cancer. Philip Morris correctly argues that testimony the mother's sons gave at trial regarding her expressions of anger at the tobacco companies following her cancer diagnosis, specifically that the companies represented that filtered cigarettes were safer, was "backward-looking" and did not properly speak to her state of mind at the time. Because it cannot be proved that this inadmissible hearsay did not contribute to the $43 million verdict in the son's favor, the trial court's final judgment is reversed and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: March 27, 2024, Case #: 21-2214, Categories: fraud, product Liability
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J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, fraud, product Liability
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. 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. Chesney dismisses class claims against Monsanto Co. from consumers who say they bought a "concentrated form of Roundup" that lacked clear expiration labels, resulting in consumers being led to believe that the product could be used indefinitely. The consumers claim that the products begin to develop unlawful levels of NNGs, a carcinogen, after being stored at length, but all of their claims fail for not bringing forward hard evidence that NNGs could develop beyond the EPA's hard limit of 1 part per million in pesticide products.
Court: USDC Northern District of California, Judge: Chesney , Filed On: December 4, 2023, Case #: 3:22cv4260, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, product Liability, Class Action
J. Browning denies, in part, the class's motions for certification, ruling the nationwide menthol subclass of individuals who purchased menthol American Spirit cigarettes is not fit for certification because its members cannot be determined without individualized litigation practices and by seeking out information from individual retailers, which is not feasible. Additionally, the Florida subclass does not meet predominance requirements because its unjust enrichment claims are based on why consumers made certain purchases, not the uniform marketing conduct of the cigarette manufacturers.
Court: USDC New Mexico, Judge: Browning, Filed On: September 19, 2023, Case #: 1:18cv789, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, product Liability, Class Action
J. Breyer dismisses private claims remaining against McKinsey and Co. in long-running legal battles over their marketing role in helping Purdue Pharma manufacture and sell opioids. The company has or is in the process of settling the claims with various government entities, Native tribes and private companies, but a handful of private plaintiffs have continued to sue the company on behalf of minors with neonatal abstinence syndrome. Negligence claims from the private plaintiffs cannot survive due to the fact that McKinsey, while key in helping boost the sales of opioids, was not directly in the business of prescribing them to pregnant women. Its consulting role in the opioid crisis is not enough to establish a special relationship between the women and the company.
Court: USDC Northern District of California, Judge: Breyer, Filed On: July 20, 2023, Case #: 3:21md2996, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: fraud, product Liability
J. Durkin partially grants a shampoo manufacturer's motion to dismiss fraud and product liability charges brought by a class of consumers who claim its dry shampoo products contain high levels of the carcinogen benzene. The class' claims that the company misrepresented its products' toxicity are dismissed, as the dry shampoo products don't "expressly" state any safety concerns related to benzene one way or another. The class' unjust enrichment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: June 27, 2023, Case #: 1:22cv6728, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, product Liability, Class Action
J. Land partially grants the manufacturer's motion to exclude expert testimony from a professor and a urogynecologist in a product liability and fraud action brought by the individual arising from injuries she suffered when she was implanted with the manufacturer's Obtryx transobturator midurethral sling device. However, the professor may offer opinions about clinical complications caused by the degradation of materials and the urogynecologist may offer some opinions including on whether the individual had pudendal neuralgia and whether polypropylene mesh can degrade in the human body. The manufacturer's motion for summary judgment is granted as to the individual's fraud claims but denied as to the failure to warn and punitive damages claims. The individual's motion for partial summary judgment is also partially granted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 22, 2023, Case #: 4:22cv21, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: fraud, product Liability, Experts