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Tag Archives: Products Liability

No Removal After ‘Bad Faith’ Delay (access required)

Defendants in this products liability case say plaintiff’s foot-dragging was “strategic gamesmanship” that kept them from removing the case to federal court, but the Richmond U.S. District Court says defendants had the means to uncover fraudulent joinder of non-diverse defendants, ...

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‘Learned Intermediary’ Defense Wins Drug Case (access required)

A drug manufacturer wins summary judgment in this failure to warn suit filed by the estate of a man who committed suicide after treatment with Lexapro, an SSRI antidepressant drug; both of decedent’s treating psychiatrists were independently aware of a ...

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‘Strategic’ Removal Waived Federal Defense (access required)

In plaintiff’s suit against Crane Company alleging death from mesothelioma due to asbestos exposure, Crane was not entitled to assert another basis for federal court jurisdiction after the district court remanded to state court when plaintiff amended its complaint to ...

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Plaintiff Not ‘Incapacitated’ to Toll Time Limit (access required)

A pro se plaintiff’s suit alleging debilitating illness from a course of treatment with vitamin B-12 injections manufactured and distributed by defendants is dismissed by the Lynchburg U.S. District Court, as plaintiff has not shown that her symptoms were so ...

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Shellfish Supplier Had Notice of Claim (access required)

In a restaurant patron’s suit for damages from food poisoning after eating shellfish at a defendant’s restaurant, the Roanoke U.S. District Court rejects third-party defendant Sam Rust Seafood Inc.’s argument that defendant Frankie Rowland’s Steakhouse failed to give it timely ...

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Plaintiff’s Jeep caught fire after low-impact accident – $1,400,000+ Settlement (access required)

Plaintiff was operating her 2005 Jeep Liberty in rush hour traffic on Route 7 at the Fairfax/Loudoun County line. Plaintiff’s vehicle was struck in the rear by a Ford Expedition whose driver was checking his email. The collision occurred in ...

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