Justia Products Liability Opinion Summaries

Industrial grease, propelled in a jet with enough energy to penetrate and pass through the human body like a bullet, hit and disabled a worker at a steel rolling mill. At trial the jury found that the accident was caused by a design defect in a heavy industrial product designed and manufactured by Xtek and installed in the mill. That equipment contained an internal spring that could exert over 10,000 pounds of force. The jury accepted the theory of plaintiffs’ expert witness, Dr. Hutter, that the spring was the culprit mechanism behind the accident and that an alternative design of a thrust plate in the equipment would have prevented the disabling accident. The Seventh Circuit affirmed. The district court acted within its discretion in denying Daubert motion that sought to bar Dr. Hutter from offering his expert opinions, which were essential to the plaintiffs’ case. The purpose of the Daubert inquiry is to scrutinize proposed expert witness testimony to determine if it has “the same level of intellectual rigor that characterizes the practice of an expert in the relevant field” so as to be deemed reliable enough to present to a jury. View "Lapsley v. Xtek, Inc." on Justia Law

Plaintiff Kayla Nemmers filed a products liability action against Defendant Ford Motor Company, alleging that a lap-only seatbelt installed in the front-center seat of a 2002 Ford pickup failed to restrain her torso during an accident. After trial, the jury returned a verdict in favor of Ford. Nemmers appealed, arguing that the district court committed reversible error by making certain evidentiary rulings, by refusing to dismiss certain jurors for cause, and by failing to admonish defense counsel for remarks made during closing argument. The Eighth Circuit Court of Appeals affirmed, holding that the district court (1) did not err in its evidentiary rulings; (2) did not err by refusing to dismiss certain jurors for cause; and (3) did not abuse its discretion in failing to give a curative instruction after defense counsel made remarks during closing argument. View "Nemmers v. Ford Motor Co." on Justia Law

The issue before the Fourth Circuit concerned commercial arbitration of insurance disputes in foreign tribunals. Appellant-Cross-Appellee ESAB Group, Inc. contended that South Carolina law "reverse preempts" federal law (namely, a treaty and its implementing legislation) pursuant to the McCarran-Ferguson Act. ESAB Group faced numerous products liability suits arising from alleged personal injuries caused by exposure to welding consumables manufactured by ESAB Group or its predecessors. These suits presently were proceeding in numerous state and federal courts in the United States. ESAB Group requested that its insurers defend and indemnify it in these suits. Several, including Zurich Insurance, PLC (ZIP), refused coverage. As a result, ESAB Group brought suit against its insurers in South Carolina state court. The district court then found that ZIP had the requisite minimum contacts with the forum to permit the exercise of personal jurisdiction and that the exercise of jurisdiction over ZIP was otherwise reasonable. Because it had referred to arbitration all claims providing a basis for subject-matter jurisdiction, the district court declined to exercise supplemental jurisdiction over the remaining claims. ESAB Group timely appealed the district court's exercise of subject-matter jurisdiction. ZIP filed a cross-appeal, challenging the district court’s exercise of personal jurisdiction and its authority to remand the nonarbitrable claims to state court. Upon review, the Fourth Circuit affirmed as to the district court’s exercise of subject-matter jurisdiction, and found no error in the district court's order compelling arbitration. Likewise, the Court rejected ZIP's arguments that the district court erred in exercising personal jurisdiction over it and in remanding nonarbitrable claims to state court. View "ESAB Group, Incorporated v. Zurich Insurance PLC" on Justia Law