Foreign Tire Manufacturer Subject To Personal Jurisdiction In Iowa
Posted on Mar 21, 2015 in Litigation, Product Liability, Transportation | Comments Off on Foreign Tire Manufacturer Subject To Personal Jurisdiction In Iowa
The Supreme Court of Iowa had to confront unsettled federal precedent to decide whether a Chinese tire manufacturer that sold thousands of tires in Iowa through an American distributor could be subject to personal jurisdiction in the state. The tire at issue exploded as it was being inflated and caused severe injuries to the individual inflating it. The individual’s family...
State Supreme Court Issues Contentious Spoliation Ruling
Posted on Mar 3, 2015 in Investigations, Product Liability, Transportation | Comments Off on State Supreme Court Issues Contentious Spoliation Ruling
To frame the issue, first consider the following criticisms of the majority opinion from the two dissenting opinions: “Let me be clear at the outset. The majority opinion has abolished the tort of spoliation of evidence. I do not say this lightly. Under the majority’s decision, no plaintiff will ever be able to withstand a summary judgment motion for spoliation of...
Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Posted on Feb 18, 2015 in Construction, Product Liability | Comments Off on Federal Court Applies New Pennsylvania Test For Product Defects Retroactively
Following injuries sustained while using a table saw, the product user (plaintiff) sued the manufacturer for design defect alleging that the removable blade guard design was defective without active mitigation flesh detection technology. The U.S. District Court for the Middle District of Pennsylvania ruled yesterday that the design defect claims could go to the jury. In November...
Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Posted on Feb 13, 2015 in Product Liability, Transportation | Comments Off on Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Yesterday, the U.S. District Court for the Eastern District of Pennsylvania concluded that the New Jersey Railroad Immunity Act does not preclude claims for willful and wanton conduct. In the case brought by two plaintiffs struck by a moving train, they alleged that the train failed to stop immediately after recognizing that they were on the trucks. The court concluded that this...
Hazardous Product Manufacturer Has No Duty Of Care To Unforeseeable Product User In Oklahoma
Posted on Feb 4, 2015 in Energy/Environmental, Product Liability | Comments Off on Hazardous Product Manufacturer Has No Duty Of Care To Unforeseeable Product User In Oklahoma
The manufacturer of a fast dry acrylic lacquer thinner for application in the painting of vehicles was sued in Oklahoma after an individual who had acquired a secondhand barrel containing the substance was killed when he was using a plasma cutter to cut off the barrel’s lid. The manufacturer includes on each barrel sold a warning label that reads “FOR PROFESSIONAL USE...
Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
Posted on Feb 3, 2015 in Construction, Litigation, Product Liability | Comments Off on Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
The workers’ compensation insurer of an injured worker’s employer brought product liability and negligence claims to recoup insurance payments made to the worker who sustained significant injuries when being cut by a large table saw. The saw had been sold with a plastic blade guard but the guard was not in place at the time of the incident. Last week, the U.S. District...
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