Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
Posted on Jun 9, 2014 in Litigation, Product Liability, Transportation | Comments Off on Alabama Federal Court Has Personal Jurisdiction Over Canadian Car Manufacturer That Produced Cars Specifically for Distribution in U.S.
The U.S. District Court for the Northern District of Alabama denied a Canadian car manufacturer’s motion to dismiss for lack of personal jurisdiction in a case brought by the estate of a woman killed in a car crash alleging liability under the Alabama Extended Manufacturer’s Liability Doctrine, negligence, and breach of warranties. The defendant is headquartered in Canada and has no...
Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial
Posted on Jun 6, 2014 in Construction, Energy/Environmental, Product Liability | Comments Off on Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial
The Supreme Court of Mississippi yesterday upheld a jury’s $250,000 compensatory damages award in favor of a worker for exposure to a chemical company’s asbestos-containing products used to increase the viscosity of drilling mud. The court, however, reversed a $500,000 punitive damages award and remanded the case for a new trial to determine the appropriate amount of punitive...
Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
Posted on Jun 4, 2014 in Construction, Litigation, Product Liability | Comments Off on Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
In a products liability action over recalled prosthetic hip implants, nineteen plaintiffs from Virginia and Mississippi filed claims in Indiana state court. The defendant manufacturer argued that the forum was inappropriate because the medical procedures to install the prosthetics were all conducted in Virginia or Mississippi, all Plaintiffs resided in Virginia or Mississippi, and the...
Kentucky Court Grants Summary Judgment to Motocross Promoter on Gross Negligence Claims After Mechanic’s Injury
Posted on Jun 4, 2014 in Product Liability | Comments Off on Kentucky Court Grants Summary Judgment to Motocross Promoter on Gross Negligence Claims After Mechanic’s Injury
A mechanic was injured when an out-of-control motocross bike careened into the starting area where he was watching the race. He brought negligence claims against the event promoter, alleging the promoter told him to stand in an obviously dangerous area. The U.S. District Court for the Eastern District of Kentucky dismissed the plaintiff’s action on summary judgment, where the only...
Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
Posted on Jun 4, 2014 in Construction, Product Liability, Transportation | Comments Off on Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
In a putative class action brought against a car manufacturer for fraud and breach of warranty claims in fifteen states, the U.S. District Court for the Northern District of California denied the manufacturer’s motion to dismiss with respect to most claims. The case alleges that the manufacturer’s navigation/entertainment system, which allows for control of multiple car functions...
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