45 results for 'cat:"Product Liability" AND cat:"Warranty"'.
J. Myers partially grants an automated laboratory systems manufacturer’s motion to dismiss allegations of breach of implied warranty and other claims brought by a genetic testing laboratory. Specifically, the laboratory purchased a product called the DreamPrep unit and claims that the unit was defective. Because the manufacturer had a disclaimer written into its warranty, the laboratory’s argument fails under state law. However, the remaining claims, including negligent misrepresentation and negligent manufacturing defect, survive.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 28, 2024, Case #: 5:23cv305, NOS: Contract Product Liability - Contract, Categories: product Liability, warranty
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J. Barbadoro denies in part a laser manufacturer’s motion for summary judgment against a man who sued it and another company after he underwent laser surgery and his bladder sustained diffuse thermal burns. The man fails to substantiate that the company knew of the laser’s risks and recklessly disregarded them to deceive the man or his doctors to use the device, but he sufficiently supports his defective design, failure to warn and breach of warranty claims to avoid summary judgment against him.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 26, 2024, Case #: 1:20cv943, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, product Liability, warranty
J. Jenkins partially grants the defendant isobutane manufacturer’s motion to dismiss a pharmaceutical company’s breach of contract, breach of warranty, negligence and product liability claims. The isobutane manufacturer produces a component used in the pharma company’s antifungal spray, and now the pharma company accuses the manufacturer of contaminating that component with benzene. The court allows most of the pharma company’s claims to stand but dismisses its negligence and strict liability claims, finding they are barred by the economic loss doctrine.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 24, 2024, Case #: 1:23cv4391, NOS: Contract Product Liability - Contract, Categories: product Liability, warranty, Contract
J. Stanfill finds the lower court improperly overturned a ruling in a small claims action for the purchasers of a used car, a 2011 Volvo, that allegedly had problems with the catalytic converters. It is unclear the evidence could not support a finding that the dealer breached the warranty of inspectability. Accordingly, the matter is remanded to affirm the small claims judgment. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: March 7, 2024, Case #: 2024ME18, Categories: Vehicle, product Liability, warranty
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
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. 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. 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. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to the medical manufacturer of an artificial shoulder. The patient cannot carry his burden to show the device was unreasonably dangerous due to failure to conform with any express warranty.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 1, 2023, Case #: 2:20cv2706, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, product Liability, warranty
J. Whelan denies the consumer's motion to remand his warranty complaint alleging that his 2020 Chevrolet Bolt had defects that GM was unable to fix. GM provides evidence that the vehicle is worth $38,000. Because attorney fees in a case such as this are likely to be around $50,000, the total actual damages at issue meet the $75,000 threshold for federal jurisdiction.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 29, 2023, Case #: 3:23cv1556, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: product Liability, Jurisdiction, warranty
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, product Liability, warranty
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, product Liability, warranty
J. Deguilio allows plaintiff to continue claims contending a company refused to replace a defective recreational vehicle that burst into flames, destroying the vehicle and the property inside it, because the unusual event of an RV bursting into flames would not constitute an inherent risk, and repairing the vehicle would be impossible.
Court: USDC Northern District of Indiana, Judge: Deguilio , Filed On: October 12, 2023, Case #: 3:23vc218, NOS: Other Contract - Contract, Categories: Negligence, product Liability, warranty
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. Wright partially grants the company's motion to dismiss a nationwide class action brought by the homeowners arising from damages to their property allegedly caused by defective Power Grout and Hardener products. The motion is granted with respect to the homeowners' claims under the Magnuson-Moss Warranty Act and Minnesota statutes, as well as the negligent misrepresentation, unjust enrichment and product liability claims. The homeowners failed to show that the Minnesota legislature intended for the statutes to apply extraterritorially. The homeowners failed to allege sufficient facts showing that damage occurred to their homes and property value to surmount the economic-loss doctrine.
Court: USDC Minnesota, Judge: Wright, Filed On: September 26, 2023, Case #: 0:22cv2173, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, warranty, Class Action