46 results for 'nos:"Tort Product Liability - Real Property"'.
J. Boulware denies the cardiovascular filter manufacturer's motion for summary judgment on a patient's allegations a blood clot filter was defective after she experienced a long period of complications. This resulted in the removal of the filter, but not a part that had embolized into her left lung. Though warranty breach counts are dismissed, the negligent misrepresentation claim only requires the manufacturer supplied warnings. The surgeon explained he read product warnings, noting if he had been aware of unincluded concerns, he would have selected an alternative device.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:19cv1883, NOS: Tort Product Liability - Real Property, Categories: Negligence, Product Liability, Medical Malpractice
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J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Class Action
J. Knapp grants the ladder manufacturer's motion to exclude the testimony of the expert witness, ruling that although he is qualified to give an opinion on any defects in the ladder, his visual observation method to determine the reason for the ladder's failure is insufficient to establish causation. Additionally, without the testimony of the expert witness, the injured individual has not put forth a viable manufacturing defect claim and his complaint must be dismissed in its entirety.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: March 14, 2024, Case #: 5:22cv72, NOS: Tort Product Liability - Real Property, Categories: Evidence, Product Liability, Experts
J. Doughty denies a request by an international helicopter manufacturer to dismiss for lack of jurisdiction product liability and injury claims by a pilot allegedly forced to land his aircraft in a field during a crop dusting operation. The ruling rejects the chopper-maker's argument it has insufficient contacts with Louisiana to merit jurisdiction. Louisiana has a great interest in adjudicating the case because of the high rate of helicopter use for crop dusting and offshore work. Further, all states have a shared interest in having the jurisdiction to hold corporations accountable when their products cause harm to consumers, and the corporations' contacts with the state are sufficiently like the helicopter-maker's contacts with Louisiana.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 4, 2024, Case #: 6:22cv6055, NOS: Tort Product Liability - Real Property, Categories: Corporations, 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. Chasanow grants, in part, a mother's motion for leave to amend in this wrongful death complaint stemming from a vehicle collision. She moves to clarify the sole installer of a guardrail and to add a strict liability claim against the seller of the "X-Lite Terminal System." The first amendment is approved. However, the strict liability claim will be barred if she cannot show how it relates to the original claim.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 17, 2023, Case #: 1:21cv311, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Vehicle, Wrongful Death
J. Holmes finds the patients can proceed with several claims relating to invasion of privacy and breach of fiduciary duty against a medical service provider where private individual information, such as social security numbers, was released after a cyberattack. For instance, the negligence and breach of implied contract claims are adequately pleaded.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 2:23cv2002, NOS: Tort Product Liability - Real Property, Categories: Tort, Privacy, Business Practices
J. Dudek grants a manufacturer's motion to exclude an expert for a roofing company in product liability claims concerning the product Tritocryl, which is used in renovations, because the roofing company failed to timely disclose the expert.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: October 30, 2023, Case #: 2:21cv688, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Product Liability, Experts
J. Duffin grants the manufacturer's motion for sanctions against the insurance company for violations of discovery rules in the company's lawsuit over fires caused by the manufacturer's defective dryers. The company litigating a motion to compel documents that its expert had already purchased in some form from a third party was an abuse of the discovery process, so even though the federal rule the manufacturer cites does not apply to discovery requests, the motion is granted in that it is awarded costs and fees it incurred responding to the company's motion to compel. The insurance company's motion to reopen discovery in light of a recall of dryers that occurred shortly after discovery closed is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:20cv1455, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Discovery
J. Lin denies the insurance company's motion to exclude HP's expert from testifying in the insurance company's lawsuit alleging that HP's computer started a fire that caused significant damage to an apartment complex. The expert has “over 29 years of work experience in commercial construction management in the Pacific Northwest" and sufficient support for his report. However, this does not include conclusions about a fire alarm system and the Washington State Sales Tax that were not in his original report, so he is not allowed to testify on those two categories.
Court: USDC Western District of Washington, Judge: Lin, Filed On: October 13, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Komitee dismisses, for lack of personal jurisdiction, product liability claims against the CEO of REI, the maker of popular outdoor recreational equipment and apparel, as well as a member of its board of directors. A Queens-based resident alleges that trekking poles he purchased from REI bent and gave away while he was hiking through the Catskill Mountains in New York, causing him to fall and suffer several broken bones. He ultimately fails to attribute the company’s alleged unlawful actions to its senior management.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 23, 2023, Case #: 1:22cv1211, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Jurisdiction
J. Cronan finds the instant court lacks subject matter jurisdiction in this matter concerning a consumer claiming negligence against Johnson & Johnson and a contracted manufacturer of Johnson’s Baby Powder. The consumer claims she was exposed to asbestos-contaminated talc as an ingredient of Johnson’s Baby Powder, but Johnson & Johnson argues she ceased using the product before the contract manufacturer ever began making it. Because there are factual disputes regarding timeframes of usage and manufacture, the matter is remanded to the Supreme Court of the State of New York, New York County for further proceedings.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:21cv7222, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Jurisdiction
J. Brodie grants, in part, a motion to exclude expert testimony and subsequently grants partial summary judgment to the manufacturer of a manually-operated tailgate device on a NYS Department of Transportation highway maintenance worker's design defect, manufacturing defect and failure to warn claims. The worker claimed he injured his neck, back and shoulders while trying to stop the tailgate from opening after its chain broke. The court, having excluded portions of an expert's testimony regarding the chain's coverings, finds the litigant fails to allege the existence of a defect in the product's design.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 14, 2023, Case #: 2:20cv3279, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts
J. Lin partially denies the information technology company's motion to exclude the testimony of the insurance company's battery expert, Michael Eskra, as part of the insurance company's lawsuit alleging that the lithim-ion battery in the technology company's laptop started a fire that caused damage to the apartment of an insured client. Although by his own admission Eskra is not an expert on the laptop's System Management Bus (SMBus) and thus cannot explain its intricate details, his detailed report and deposition show that he can explain to a layperson how a SMBus generally functions with a battery system, and how the fire could have started that way.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 5, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Perez denies the federal government’s motion to dismiss, for lack of jurisdiction, a traveler’s personal injury suit stemming from her slipping and falling while passing through a TSA security checkpoint at the Philadelphia International Airport. The court has jurisdiction over the traveler’s claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: August 30, 2023, Case #: 2:22cv1610, NOS: Tort Product Liability - Real Property, Categories: Evidence, Tort, Jurisdiction