7 results for 'cat:"Sanctions" AND cat:"Product Liability"'.
J. Huntsman grants the car owners' motion for discovery sanctions based on the defendant car company's failure to appear at one deposition and failure to provide a prepared witness at another deposition in this lawsuit concerning a Hyundai vehicle and its alleged defects. The plaintiffs are entitled to expenses and attorney fees caused by the company's failure to appear, as well as the "constructive failure to adequately present a corporate representative."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: May 8, 2024, Case #: 4:23cv297, NOS: Other Contract - Contract, Categories: sanctions, product Liability, Discovery
J. Pepper grants a manufacturer’s motion to enforce the court’s discovery order and for sanctions against an individual. The individual filed suit against a manufacturer claiming he was injured when a chair the company made collapsed, resulting in quadriplegia. The court ordered the individual to respond to the manufacturer’s discovery requests, but he has not fully complied. The court grants the manufacturer’s motion to compel discovery and orders the individual to produce the requested documents by a certain deadline or face additional sanctions.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 16, 2024, Case #: 2:22cv586, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: sanctions, product Liability, Discovery
J. Kenney grants a company’s renewed motion to assess defense fees and costs in this product liability case wherein a customer alleges its rolling walker device collapsed underneath her while she was exiting a subway car, causing her injuries. The rolling walker’s manufacturer, a third party, must pay for defense fees and costs incurred in this matter and the settlement amount since it refused to comply with court orders in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: December 29, 2023, Case #: 2:19cv268, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: sanctions, product Liability, Attorney Fees
J. Bucklo grants Ford's motion to dismiss the claims of a named plaintiff in this product liability suit, as punishment for the named plaintiff spoliating evidence. Specifically, the named plaintiff traded in his Ford F-150 vehicle in October 2021 before his lease ended and without alerting Ford’s attorneys. As this class action case is about Ford allegedly selling and leasing F-150 trucks with faulty transmissions, and the plaintiff’s truck was a piece of evidence relevant to the case, the court finds that dismissing the plaintiff from the suit is a reasonable form of sanctions.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 20, 2023, Case #: 1:19cv5045, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: sanctions, product Liability, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Winmill grants in part cross-motions for sanctions for spoliation of evidence in a product liability suit after an employee was injured when a forklift failed. The workers compensation insurer alleges that the forklift manufacturer did not return a hydraulic cylinder until after discovery had closed and sold the forklift attachment at issue, and the manufacturer alleges that the insurer failed to preserve daily vehicle inspection reports. The forklift manufacturer did spoliate evidence as the forklift attachment is relevant to the claims at issue and the manufacturer's tests and inspections of the attachment are therefore excluded. The insurer had a duty to retain inspection records because they should have known the records would be relevant to the insurer's defenses. The manufacturer is entitled to a permissive adverse inference that the records would have favored the manufacturer's version of events.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 1:21cv376, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, sanctions, product Liability
J. Berger overrules the automotive manufacturer’s objections and adopts the magistrate judge’s report finding the company failed to meet its discovery obligations which not only caused discovery to be reopened, but also prevented a “good faith, productive mediation” in the New York resident’s suit over injuries he and his son sustained in 2020 after crashing their utility terrain vehicle. The court concurs that the manufacturer’s conduct is so egregious as to impose monetary sanctions against it for the legal fees and expenses the resident incurred associated with pursing his motion as well as a jury instruction prior to trial.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 31, 2023, Case #: 2:21cv501, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: sanctions, product Liability, Discovery