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Tag Archives: Products Liability

‘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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Man struck in eye by retractable dog leash suffered loss of vision – $1,300,000 Settlement (access required)

Plaintiff was given a retractable dog leash by his neighbor, who was a retiring sales representative in the process of moving out of state. The sales rep had been given this leash as a sales sample by an unknown distributor ...

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Folding Cane Prompts Warranty Breach Claim (access required)

A plaintiff’s bare-bones products liability complaint alleging injuries caused by a defective folding cane states a claim for breach of an express warranty under Virginia law, but the Richmond U.S. District Court dismisses plaintiff’s claims for negligent design, failure to ...

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