Where the representative of a now-deceased seaman alleging his exposure to asbestos aboard a Navy ship caused his death sought survival damages for pain and suffering as well as medical expenses, his claim was denied because survival damages for pre-death ...

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

Where an engineering manufacturer intends to rely upon the government contactor defense in an asbestos suit, it must present evidence of the government’s knowledge about the asbestos hazards presented by the manufacturer’s products or equipment, and not just the government’s ...

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

Where the manufacturer of a pressure cooker argued that it disclaimed any implied warranty of merchantability in its instruction manual, but the disclaimer located on Page 30 of a “busy and colorful” booklet was not conspicuous, its motion to dismiss ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where a horse owner pleaded facts plausibly suggesting an equine antibiotic was defectively designed and manufactured, and that the manufacturer had notice of the defects but failed to warn customers, her claims may proceed to ­discovery. Background This four-count products ...

Tagged with: Judge M. Hannah Lauck Products Liability U.S. District Court - Eastern District

Where a restaurant server claimed she was injured by a defective tea brewer, but her professional engineer expert never examined the actual brewer and there was no testimony that the brewer he examined was the same model, his opinion was ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where an experienced hunter was injured after he removed a harness from a treestand, which was contrary to the instruction manual, but he testified it was impractical to use the stand with the harness attached to the tree at all ...

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

Where an owner pleaded that his car consumes an excessive amount of oil, that allegation was insufficient to allege that the vehicle has defective piston rings. As such, he lacked standing and a putative class action suit against GM was ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Where the estate of a driver who died from carbon monoxide poisoning alleged his Dodge Journey was unreasonably dangerous because the engine did not automatically turn off after he removed the key fob from the car, the manufacturer, FCA, was ...

Tagged with: Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

Where the plaintiff alleged that she suffered injuries from a transvaginal mesh implant, but she had no expert testimony on the applicable safety standard or causation, the manufacturer was granted summary judgment. Background Elnora Henderson alleges that she suffered injuries ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where the plaintiff alleged a device intended to prevent blood clots from moving into her lungs fractured and migrated, causing her anxiety, abdominal pain, chest pain and shortness of breath, but her expert provided no opinion as to the cause ...

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