Failure To Plead Specific Factual Allegations Dooms Product Liability Claims Against Bullet Manufacturer
Posted on Nov 24, 2014 in Product Liability | Comments Off on Failure To Plead Specific Factual Allegations Dooms Product Liability Claims Against Bullet Manufacturer
The U.S. District Court for the Northern District of Illinois dismissed a bullet manufacturer last week from a case brought by a plaintiff who had suffered permanent injuries while attempting to fire a rifle. The plaintiff alleged negligence, strict liability, breaches of express and implied warranties, and a claim for punitive damages against the multiple companies that manufactured...
Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator
Posted on Nov 24, 2014 in Energy/Environmental, Product Liability | Comments Off on Louisiana Federal Court Dismisses Punitive Damages Claims Against Pipeline Operator
Following a natural gas ignition in June 2013, a Louisiana plaintiff brought suit against the owner and operator of the natural gas transmission pipeline on claims that it had ruptured and exploded on her property, and had damaged her home and the surrounding area. She filed a class action complaint against the pipeline operator claiming to also represent anyone affected within two...
Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
Posted on Nov 23, 2014 in Litigation, Product Liability | Comments Off on Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
In a series of cases involving alleged injuries related to the ingestion of propoxyphene, a number of cases were filed against the pharmaceutical companies who held the rights to drugs containing this ingredient before these drugs were removed from the market. In California, more than forty actions had been filed in state court making similar claims, and a group of attorneys...
New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
Posted on Nov 22, 2014 in Investigations, Litigation, Product Liability, Transportation | Comments Off on New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois
In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies. Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey...
Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Posted on Nov 20, 2014 in Construction, Litigation, Product Liability | Comments Off on Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Following a worker fatality caused by electrical shock at a Kentucky food packing plant, the worker’s estate brought suit against the manufacturer of the “EH” certified boots he was wearing, which allegedly had been warranted to provide protection against inadvertent electrical contact up to 14,000 volts (the worker was exposed to 480 volts at the time of his death)....
Engineering Experts Allowed To Testify In Alleged Injury-Causing Cell Phone Case
Posted on Nov 19, 2014 in Investigations, Product Liability | Comments Off on Engineering Experts Allowed To Testify In Alleged Injury-Causing Cell Phone Case
The manufacturer and seller of a cellular phone was sued by a plaintiff who alleged that she sustained a burn on her left breast, which developed into complex regional pain syndrome during an overnight bus trip from North Carolina to New York. The U.S. District Court for the Southern District of New York sorted through the plaintiff’s challenges to the defendant’s...
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