Class Certification Denied In Case Involving Alleged Exposure To Refinery Leaks
Posted on May 18, 2015 in Energy/Environmental, Product Liability | Comments Off on Class Certification Denied In Case Involving Alleged Exposure To Refinery Leaks
Last week, the U.S. District Court for the Middle District of Louisiana denied a motion for class certification for all individuals living within a certain geographic area of a Louisiana refinery from June 2012 to the present. The plaintiffs attempted to certify the class alleging that the refinery’s failure to meet regulatory standards resulted in more than 145 leaks and...
Split Eighth Circuit Finds Economic Loss Doctrine Precludes Tort Recovery For “Other Property” Damage
Posted on May 8, 2015 in Product Liability | Comments Off on Split Eighth Circuit Finds Economic Loss Doctrine Precludes Tort Recovery For “Other Property” Damage
The Eighth Circuit weighed in yesterday on whether redress was available in tort where there was injury not only to a defective product but also to other property in a state that applied the economic loss doctrine. The underlying incident involved a fire in a North Dakota arena caused by an allegedly defective amplifier, which caused considerable property damage to the arena and to...
Waiting To Bring Motion To Compel After Fact Discovery Ends Carries Risk
Posted on Apr 30, 2015 in Investigations, Product Liability | Comments Off on Waiting To Bring Motion To Compel After Fact Discovery Ends Carries Risk
In a case involving the disputed safety of a medical device in the U.S District Court for the Eastern District of North Carolina, the parties encountered multiple discovery disputes. Following the close of the discovery period, the plaintiff filed a motion to compel asking the court, among other things, to order the defendant medical device manufacturer to provide an index for...
Court Orders Insurer’s Handwritten Notes Discoverable Despite Work-Product Doctrine
Posted on Apr 25, 2015 in Energy/Environmental, Investigations, Litigation, Product Liability | Comments Off on Court Orders Insurer’s Handwritten Notes Discoverable Despite Work-Product Doctrine
Last week, a Maine court took up a discovery fight regarding certain claim and underwriting files maintained by an oil and gas company’s insurer with respect to multi-forum MTBE litigation. The oil and gas company contended that as a result of the more than 60 MTBE lawsuits filed against it, the company incurred significant unreimbursed expenses in connection with the...
Federal Court Weighs Trade Secret Concerns With Discovery Goals In Tire Blowout Case
Posted on Apr 23, 2015 in Investigations, Product Liability, Transportation | Comments Off on Federal Court Weighs Trade Secret Concerns With Discovery Goals In Tire Blowout Case
In a products liability tire blowout case, the parties entered into an agreed protective order protecting the disclosure and use of confidential information. The parties disagreed on whether to include a sharing provision and the court rejected the plaintiffs’ request for a sharing provision that would allow the plaintiffs to share designated confidential information with other...
Discovery Into Subjective Beliefs Of Individuals Settling Claims Not Allowed By Oklahoma Federal Court
Posted on Apr 22, 2015 in Product Liability, Transportation | Comments Off on Discovery Into Subjective Beliefs Of Individuals Settling Claims Not Allowed By Oklahoma Federal Court
The estate of an individual killed as a result of injuries sustained in a catastrophic railroad collision sued the railroad and the parties settled the case for $1 million. The settlement agreement released the railroad the deceased’s treating physician “from any and all claims and liabilities of any kind or nature, whether or not heretofore asserted or otherwise known, to...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>