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  • Gonzalez v. Owens Corning

    Publication Date: 2018-04-03
    Practice Area: Products Liability
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0392

    District Court did not abuse its discretion in rejecting plaintiffs proposed class certifications in plaintiffs purported class action over roof singles because the proposal for a nationwide class was essentially an advisory opinion and the claims for the pro-posed four state class could not be proven by common evidence and plaintiffs offered no theory of liability for which classwide treatment was apt. Affirmed.

  • Pansini v. The Trane Co.

    Publication Date: 2018-03-27
    Practice Area: Business Torts | Consumer Protection | Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0328

    The court addressed defendants motions to dismiss plaintiffs claims for breach of warranty, violations of the Magnuson-Moss warranty act, breach of implied fitness, breach of contract, violations of the UTPCPL and fraudulent misrepresentation over a heating and air conditioning unit for their house and found the complaint was sufficiently pled since it named the employees making the promises, the promises and when they were made but determined that the economic loss doctrine barred the fraudulent misrepresentation claims and the gis

  • Shuker v. Smith & Nephew, PLC

    Publication Date: 2018-03-20
    Practice Area: Products Liability
    Industry: Biotechnology
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0296

    Trial court abused its discretion in denying jurisdictional discovery in appellants action against parent company of manufacturer of hip replacement system and erred in dismissing appellants state law claims against manufacturer based on the off-label promotion of manu-facturers liner for a hip replacement system but correctly found that the medical device amendments act expressly preempted appellants negligence, strict liability and breach of implied warranty claims.

  • Hagan v. Sears Appliance and Hardware Store

    Publication Date: 2018-03-20
    Practice Area: Expert Witnesses | Products Liability
    Industry: Consumer Products | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0291

    Expert opinions in products liability case were admitted as sufficiently reliable where based on medical training and experience, and mechanical testing of allegedly defective product.

  • Schwartz v. Accuratus Corp.

    Publication Date: 2018-03-13
    Practice Area: Products Liability | Toxic Torts
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0263

    Court refused to grant summary judgment for defendant in plaintiffs action asserting liability for wifes beryllium exposure while dating husband who worked for defendant because genuine issues of material fact existed as to defendants take-home liability, wifes status as a foreseeable defendant and defendants successor liability.

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  • Johnson v. Sunoco, Inc.

    Publication Date: 2018-03-13
    Practice Area: Products Liability
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0261

    The court denied one defendants motion to dismiss certain counts of plaintiffs complaint alleging negligence, battery and strict liability in an action based on exposure to benzene because plaintiffs sufficiently stated a claim for battery by alleging that defendant supplied benzene-containing solvents that were incorporated into benzene-containing products and placed those solvents into the stream of com-merce without any warnings or precautions.

  • Tincher v. Omega Flex, Inc.

    Publication Date: 2018-03-06
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0230

    Trial court erred in denying a retrial after the Supreme Court overruled the jury charge in the case and established a new two-part defect test regarding defective products. Vacated.

  • Stange v. Janssen Pharm., Inc.

    Publication Date: 2018-02-06
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Elliot
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0117

    Defendant drug companies were not entitled to JNOV in plaintiffs failure to warn action because plaintiffs expert used a generally accepted scientific process to conclude that defendants drug caused plaintiffs gynecomastia, the trial court properly instructed the jury on combined negligence and properly refused to instruct the jury on plaintiffs future damages claim and the evidence fully supported the jurys decision but the coordinating judge erred in granting a global motion barring punitive damages claims. Affirmed in part, r

  • Siddoway v. GSK

    Publication Date: 2018-01-16
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0028

    Court granted drug manufacturers motion for summary judgment because plaintiffs could not meet their burden of showing proximate cause in their action for negligence, strict liability, failure to warn, breach of warranties and violation of Utahs consumer protection sales act based on manufacturers alleged failure to warn of the increased risk of heart attack from its drug. Motion granted.

  • In Re: Risperdal Litig.

    Publication Date: 2017-12-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1849

    Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.