Indiana Court Finds Attorneys’ Fees Recoverable Under General Wrongful Death Statute
Posted on Aug 17, 2014 in Product Liability | Comments Off on Indiana Court Finds Attorneys’ Fees Recoverable Under General Wrongful Death Statute
The Indiana Court of Appeals held last week that attorneys’ fees are recoverable under Indiana’s General Wrongful Death Statute. The court also found that any award of such fees is compensatory, must be limited to the amount actually lost, and should be reduced by any fault allocation. The case involved an explosion caused by a propane gas leak. The defendants appealed a lower...
Expert Opinion Evidence Necessary To Prove General Causation In Benzene-Exposure Case Involving Gas Station Worker
Posted on Aug 11, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Expert Opinion Evidence Necessary To Prove General Causation In Benzene-Exposure Case Involving Gas Station Worker
In a products liability action against oil and gas companies in which the surviving spouse of a gas station worker claimed that the decedent’s exposure to benzene-containing gasoline caused his acute myeloid leukemia (“AML”), the U.S. District Court for the Eastern District of Louisiana denied the plaintiff’s partial summary judgment motions on a number of issues last week. The...
Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
Posted on Aug 7, 2014 in Construction, Product Liability | Comments Off on Missouri Federal Court Finds Injury Claims Preempted By FDCA’s Medical Device Amendments
The defendant manufacturer of a medical device was sued after complications arose from a surgery in which the medical device had been used in an “off-label” manner. The plaintiff’s suit asserted claims for “(1) manufacturing defect, (2) design defect, (3) failure to warn, (4) negligence, (5) strict liability (excluding design defect), (6) breach of express warranty, (7) fraudulent...
No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
Posted on Aug 5, 2014 in Construction, Product Liability | Comments Off on No Duty To Warn Worker’s Wife Allegedly Exposed To Asbestos Under Oklahoma Products Liability Law
The estate for the wife of a factory worker brought suit contending that the clothing she laundered for her husband was contaminated with asbestos and caused her mesothelioma. The estate sued multiple parties including the company that manufactured the boilers allegedly present at one or more of the factories where the husband worked. The U.S. District Court for the Western District...
Sixth Circuit Reverses District Court’s Exclusion Of Plaintiff’s Expert Witness Testimony That Contradicted Plaintiff’s Own Testimony In Gun Case
Posted on Aug 1, 2014 in Investigations, Product Liability | Comments Off on Sixth Circuit Reverses District Court’s Exclusion Of Plaintiff’s Expert Witness Testimony That Contradicted Plaintiff’s Own Testimony In Gun Case
A plaintiff initiated a product liability suit after he was seriously injured when a revolver made by the defendant gun manufacturer discharged improperly. The plaintiff offered only one expert witness, who concluded that the gun’s cylinder was not closed and locked when fired as a result of manufacturing and design defects. The expert specifically opined that when the plaintiff...
Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
Posted on Jul 28, 2014 in Product Liability, Transportation | Comments Off on Proposed Class Claims Against Railroad For Ohio Chemical Spill Withstand Motion To Dismiss
In November 2013, four railcars derailed in Willard, Ohio, one of which carried Styrene Monomer, which caused approximately 400 homes and thousands of residents to evacuate the area. A proposed class of those residents brought suit and alleged that the railroad negligently installed used rail in the location prior to the incident, failed to perform safety inspections, and failed to...
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