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Tag Archives: Products Liability

Insufficient Causation Proof for Asbestos Claim (access required)

Although plaintiff, a former ship fitter and engineer who suffers from mesothelioma, has shown a genuine issue of material fact as to whether defendant Westinghouse’s arc chutes plaintiff worked around contained asbestos, neither plaintiff’s testimony nor his expert’s reports and ...

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Court Sorts Liability for Tainted Seafood (access required)

In plaintiff customer’s suit alleging that tainted seafood he consumed at Frankie Rowland’s Steakhouse in Roanoke triggered his Guillain-Barré syndrome, the Roanoke U.S. District Court grants summary judgment against Sam Rust Seafood Inc. on motions filed by Performance Food Group ...

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4-year-old scalded when free-standing range toppled over – $3,010,000 Settlement (access required)

On Feb. 8, 2012, the plaintiff, a 4-year-old boy, was playing with another boy in the apartment rented by his family. His mother was cooking noodles on the free-standing range in the kitchen. As the boys’ mothers sat talking in ...

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Panel Splits on Twombly Standard for Antitrust Claim (access required)

Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant manufacturers voted to engage in a group boycott of plaintiff’s safety technology in an effort to reduce their exposure in products liability suits; on rehearing, a split 4th Circuit panel ...

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No Bifurcation for Tainted Bivalve Trial (access required)

In plaintiff’s suit alleging illness from eating contaminated oysters at defendant’s restaurant, the Roanoke U.S. District Court denies plaintiff’s motion to voluntarily dismiss his suit, as litigation has been ongoing for two years, there are multiple third-party complaints up the ...

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Defective Guardrail Suit Not Time-Barred (access required)

Plaintiffs who are suing defendant Trinity Industries for their injuries in a 2011 auto accident in Virginia, when an allegedly defective highway guard rail rammed through the driver-side door and punctured the passenger compartment, have sufficiently allegedly fraudulent concealment by ...

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Seafood Vendor Gets Jury Trial (access required)

In a restaurant customer’s products liability suit alleging damages from eating contaminated oysters at a Roanoke restaurant, a Roanoke U.S. District Court denies third-party defendant seafood company’s motion to strike the third-party plaintiff restaurant’s demand for a jury trial. Plaintiff ...

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California appeals court reinstates verdict against drug company – $6,500,000 Verdict (access required)

Cooper v. Takeda was the first trial in the national Actos litigation efforts. Jack Cooper, a 79-year-old retired father and grandfather in San Diego, developed borderline type II diabetes in his 70s. Beginning in 2006, his primary care physician began ...

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