Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
Posted on May 14, 2014 in Litigation, Product Liability | Comments Off on Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
In a products liability case involving an injury resulting from an allegedly faulty motorcycle tire, the U.S. District Court for the District of Kansas granted motions to dismiss for lack of personal jurisdiction where the plaintiffs failed to show that a foreign tire manufacturer and its parent companies had “minimum contacts” with Kansas sufficient for the court to reasonably...
U.S. District Judge Excludes FDA 510(k) Evidence in Medical Device MDL
Posted on May 14, 2014 in Investigations, Product Liability | Comments Off on U.S. District Judge Excludes FDA 510(k) Evidence in Medical Device MDL
In an MDL regarding the safety of certain medical devices, the U.S. District Court for the Southern District of West Virginia granted the plaintiffs’ motion in limine to exclude FDA 510(k) evidence related to the FDA’s pre-market notification process on the grounds that the process does not go to the safety or efficacy of medical devices and because of the potential to mislead and...
Pain Pump Manufacturer Obtains Summary Judgment Where Alleged Injuries Not Reasonably Foreseeable at Time of Device’s Use
Posted on May 14, 2014 in Investigations, Product Liability | Comments Off on Pain Pump Manufacturer Obtains Summary Judgment Where Alleged Injuries Not Reasonably Foreseeable at Time of Device’s Use
The Eighth Circuit affirmed a district court’s grant of summary judgment to the manufacturer of a pain pump inserted into a patient’s shoulder to infuse anesthetic while she recovered from surgery in 2002. The patient brought suit alleging that the pain pump caused chondrolysis (the loss of articular cartilage in a joint) on theories of negligence and strict products liability for...
Courts Using Foreseeability To Determine Whether To Modify or Limit the Ordinary Duty of Care Risk Reversal
Posted on May 12, 2014 in Product Liability, Transportation | Comments Off on Courts Using Foreseeability To Determine Whether To Modify or Limit the Ordinary Duty of Care Risk Reversal
The Restatement (Third) of Torts provides that an actor ordinarily has a duty to exercise ordinary care when the actor’s conduct creates a risk of physical harm, but that in exceptional cases, when policy principles warrant denying or limiting liability in a particular class of cases, a court may decide that the actor has no duty or that the ordinary duty of care requires...
Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
Posted on May 9, 2014 in Litigation, Product Liability | Comments Off on Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
The Court of Appeals of Louisiana, Third Circuit, upheld a workers’ compensation judge’s ruling that an employer owed a claimant workers’ compensation benefits, penalties, and attorney’s fees. The claimant, who sustained a severe injury to his hand when a hand crank that he was using to lower a light tower spun out of control, had also tested positive for cocaine and amphetamines...
Indiana Federal Court Dismisses Product Liability Suit Against Crane Supplier Following Alleged Problem with Crane’s Cruise Control
Posted on Apr 28, 2014 in Product Liability | Comments Off on Indiana Federal Court Dismisses Product Liability Suit Against Crane Supplier Following Alleged Problem with Crane’s Cruise Control
On Friday, the U.S. District Court for the Southern District of Indiana granted summary judgment to the supplier of a large crane used for constructing wind turbines on an Indiana wind farm. Following a workplace incident, a worker sued the provider of the crane alleging that the supplier was negligent in inspecting the crane by failing to recognize an electrical wiring defect in...
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