The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue unusable. The district ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability

Where a company sued for allegedly providing contaminated eyewash argued that sophisticated purchasers would not reasonably assume it was the manufacturer, because it was listed on the eyewash bottles only as a “distributor,” that argument failed. The eyewash bottle and ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability

Where a wrongful death lawsuit asserted claims for negligence and breach of warranty against a tire’s foreign manufacturer, but there were no facts supporting the inference that company desired, intended or even expected that its product would reach Virginia consumers, ...

Tagged with: Judge David J. Novak Products Liability U.S. District Court - Eastern District

Companies employ 3D printing technology now more than ever, leveraging devices in pioneering ways. Its widespread usage helps businesses cut costs and manufacture products efficiently. At the same time, the legal landscape surrounding 3D printers is underdeveloped, so those who ...

Tagged with: Products Liability

Where a Virginia resident sued a manufacturer after its e-cigarette battery allegedly exploded, causing severe burns to his body, but the Korean-based manufacturer did not purposefully avail itself of the privilege of conducting activities in Virginia, the court lacked personal ...

Tagged with: Judge Rebecca Beach Smith Products Liability U.S. District Court - Eastern District

Where a company failed to answer certain allegations in the third amended complaint, or TAC, did not attempt to file an answer until the plaintiff moved for default judgment and then submitted an incomplete answer, the plaintiff’s motion for judgment ...

Tagged with: Judge Raymond A. Jackson Products Liability U.S. District Court - Eastern District

Where a company failed to respond to an amended complaint for more than five months, despite having notice of that filing and a court order requiring it to respond within 14 days, its untimely answer was allowed, but it was ...

Tagged with: Judge Henry E. Hudson Products Liability U.S. District Court - Eastern District

Where parents alleged that Gerber sold baby food products containing heavy metals at levels the plaintiffs considered unsafe, but their complaint suggested they paid for safe and healthy food for their children and apparently received just that, they failed to ...

Tagged with: Judge Michael S. Nachmanoff Products Liability U.S. District Court - Eastern District

Where a boat used in maritime security operations capsized during a test run, and the City of Norfolk then sued the manufacturer under a failure to test or failure to warn theory, the manufacturer’s motion for summary judgment was denied ...

Tagged with: Judge Roderick C. Young Products Liability U.S. District Court - Eastern District

Where the administrator for a man killed when his tire failed sued multiple companies for negligence and products liability, the court lacked jurisdiction over one company with no meaningful contacts with Virginia. The company’s contacts were so lacking, moreover, that ...

Tagged with: Judge David J. Novak Products Liability U.S. District Court - Eastern District