Justia Products Liability Opinion Summaries

A Nevada resident was injured when a lithium-ion battery exploded in his pocket, causing severe burns. He had purchased the battery individually from a local vape shop, with no warnings or instructions provided. The battery in question was manufactured by a South Korean company and its American subsidiary, which design and sell these batteries as industrial components intended for integration into products such as power tools, not for standalone consumer use. Despite efforts by the manufacturer to prevent individual sales and warn against improper use—including sending cease-and-desist letters and posting warnings online—third-party retailers in the United States, including Nevada, sold the batteries individually.After the injury, the plaintiff filed a products liability suit in Nevada’s Eighth Judicial District Court against the manufacturer and its subsidiary. The defendants moved to dismiss for lack of personal jurisdiction, arguing that they did not sell or market individual batteries for standalone use in Nevada. The district court agreed, finding that the plaintiff failed to demonstrate that his injuries arose out of or were related to the manufacturer’s contacts with Nevada, and dismissed the case. The dismissal was certified as final, and the plaintiff appealed.The Supreme Court of Nevada reviewed the case de novo. It held that, while the manufacturer purposefully availed itself of Nevada’s market by selling batteries as components for incorporation into end products, the plaintiff’s injuries resulted from a standalone battery acquired through a different, unauthorized stream of commerce. Because there was no evidence that the manufacturer placed individual battery cells into the Nevada consumer market, the court found no sufficient connection between the company’s forum contacts and the plaintiff’s injury. The Supreme Court of Nevada affirmed the district court’s dismissal for lack of personal jurisdiction. View "Franceschi v. LG Chem, LTD." on Justia Law

A minor child was injured in 2018 while playing on a piece of playground equipment called “Rocks and Ropes” at Meadowlark Elementary School in Cheyenne, Wyoming. The child’s parents, Scott and Heather Hunter, alleged that the equipment was defective and that the school failed in its supervision and medical care following the incident, as their daughter was diagnosed weeks later with a crushed vertebra. The Hunters sued Universal Precast Concrete, Miracle Recreation Equipment, Churchich Recreation Equipment, and Laramie County School District #1, alleging strict product liability, negligence, breach of warranty, and failure to warn.The case proceeded before the District Court of Laramie County. Due to extensive delays—including those caused by the COVID-19 pandemic—there were multiple changes to scheduling orders. The district court granted summary judgment in favor of the business defendants after excluding several of the Hunters’ expert witnesses under the Daubert standard, finding their testimony unreliable or irrelevant. The court denied summary judgment to the School District. After a mistrial was declared due to repeated improper conduct by the Hunters’ counsel during voir dire and opening statements, the district court dismissed the remaining claims against the School District with prejudice as a sanction for counsel’s actions and various procedural violations.The Supreme Court of the State of Wyoming affirmed the district court’s exclusion of the Hunters’ experts and the grant of summary judgment in favor of the business defendants, holding that the lower court properly performed its gatekeeping function and the Hunters failed to offer admissible evidence of a defect. However, the Supreme Court reversed the district court’s dismissal with prejudice, concluding that, while counsel’s conduct warranted sanctions, the extreme sanction of dismissal was not justified without prior warning or full consideration of lesser sanctions. The case was remanded for imposition of a lesser sanction. View "Hunter v. Universal Precast Concrete, Inc." on Justia Law

Mike Dennis developed mycosis fungoides, a subtype of non-Hodgkin’s lymphoma, after regularly applying Roundup, a glyphosate-based herbicide manufactured by Monsanto, for approximately 20 years. Dennis claimed his cancer resulted from exposure to Roundup, which he alleged was sold and marketed without adequate warnings about its carcinogenic risks, despite Monsanto’s knowledge of the potential danger. He brought claims for design defect, failure to warn (under both negligence and strict liability), and negligence. At trial, the jury found that Monsanto was liable for failing to warn about the cancer risk, determining Monsanto knew or should have known of the risk, failed to provide adequate warnings, and acted with malice or oppression. The jury awarded Dennis $7 million in economic damages and $325 million in punitive damages.Following the verdict, Monsanto moved for a new trial and for judgment notwithstanding the verdict (JNOV). The Superior Court of San Diego County denied Monsanto’s requests to overturn the liability findings but reduced the punitive damages award from $325 million to $21 million, finding the original award disproportionate to the compensatory damages. Monsanto timely appealed, arguing that Dennis’s failure to warn claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that the punitive damages were excessive and unconstitutional.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the case. It held that FIFRA does not preempt state law failure to warn claims that parallel federal misbranding requirements, in line with United States Supreme Court precedent and California decisions. The court also found that the punitive damages award, as reduced by the trial court, did not violate due process, as it was based on highly reprehensible conduct directly related to Dennis’s harm. The Court of Appeal affirmed the judgment in full. View "Dennis v. Monsanto Co." on Justia Law

After a fatal car accident involving a 2008 Lexus ES350, the driver, whose wife died in the crash, sued Toyota, alleging the vehicle was defective due to unintended acceleration. His case was added to a coordinated group of California state court proceedings (JCCP) involving similar claims against Toyota. The coordinated proceedings had established a Common Benefit Fund, requiring all plaintiffs whose cases resolved after a certain date to pay an 8 percent assessment from their recoveries. This fund compensated lead counsel for work that benefited all plaintiffs, such as shared discovery and expert work.The plaintiff’s case was coordinated with the JCCP in 2018. After settling with Toyota, he moved in the Superior Court of Los Angeles County to exempt his case from the 8 percent assessment, arguing he did not use or benefit from the shared work product and that his case was factually distinct. The Committee overseeing the fund opposed, submitting evidence that the plaintiff’s original attorney had relied on common benefit materials and that the issues in his case overlapped with those in the coordinated proceedings. The trial court found the plaintiff had not met his burden to show he was entitled to an exemption and denied his motion for relief from the assessment.On appeal, the California Court of Appeal, Second Appellate District, Division Seven, held that the order denying relief was appealable as a collateral order. The court affirmed the lower court’s decision, concluding that the plaintiff failed to demonstrate as a matter of law that neither he nor his counsel benefited from the common work product. The court found the assessment applied, as the plaintiff’s case fell within the scope of the coordination order and he did not prove entitlement to an exemption. The order requiring the 8 percent assessment was affirmed. View "Pruchnik v. JCCP4621 Common Benefit Committee" on Justia Law

A group of companies that are frequently sued in asbestos litigation brought an action against several settlement trusts and a claims processing facility. These trusts were established as part of bankruptcy reorganizations by former asbestos manufacturers to handle and pay out current and future asbestos-related claims. The plaintiffs rely on information held by these trusts—specifically, data about claimants’ other asbestos exposures—to defend themselves in ongoing and anticipated lawsuits. In January 2025, the trusts announced new document retention policies that would result in the destruction of most existing claims data after one year, which the plaintiffs argued would severely impair their ability to defend against asbestos claims and seek contribution or indemnification from the trusts.Previously, the trusts notified claimants of the impending data destruction, and the plaintiffs, upon learning of this, requested that the trusts not implement the new policies. When the trusts refused, the plaintiffs filed suit in the Court of Chancery of the State of Delaware, seeking a declaratory judgment that the trusts have a duty to preserve the claims data and a permanent injunction to prevent the destruction of this information. The trusts moved to dismiss, arguing that the court lacked subject matter jurisdiction, that the plaintiffs lacked standing, and that the complaint failed to state a claim.The Court of Chancery denied the motions to dismiss. It held that it had subject matter jurisdiction because the plaintiffs sought injunctive relief and because the case fit within the court’s traditional equitable powers, including the authority to grant a bill of discovery to preserve evidence for use in litigation. The court found that the plaintiffs had standing, as they faced a concrete and imminent injury from the threatened destruction of data essential to their defense and contribution claims. The court also held that the complaint stated a claim for relief, allowing the case to proceed beyond the pleading stage. View "DBMP LLC v. Delaware Claims Processing Facility, LLC" on Justia Law

David and Bonnie Faulk, residents of Alaska, purchased over one hundred windows from Spenard Builders Supply for their custom-built home and alleged that the windows, manufactured by JELD-WEN, were defective in breach of an oral warranty. They filed a class action in Alaska state court against Spenard Builders Supply, an Alaska corporation, and JELD-WEN, a Delaware corporation, asserting state-law claims. The defendants removed the case to federal court under the Class Action Fairness Act (CAFA), which allows federal jurisdiction based on minimal diversity in class actions.After removal, the Faulks amended their complaint to remove all class action allegations and sought to remand the case to state court. The United States District Court for the District of Alaska denied their motion to remand, relying on Ninth Circuit precedent that held federal jurisdiction under CAFA is determined at the time of removal and is not affected by post-removal amendments. The district court allowed the amendment to eliminate class allegations but ultimately dismissed the second amended complaint with prejudice, finding most claims time-barred and one insufficiently pled.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed the impact of the Supreme Court’s decision in Royal Canin U.S.A., Inc. v. Wullschleger, which held that federal jurisdiction depends on the operative complaint, including post-removal amendments. The Ninth Circuit concluded that, after the Faulks removed their class action allegations, the sole basis for federal jurisdiction under CAFA was eliminated, and complete diversity was lacking. The court vacated the district court’s order dismissing the complaint and remanded with instructions to remand the case to state court unless another basis for federal jurisdiction is established. View "FAULK V. JELD-WEN, INC." on Justia Law

A group of former coal miners brought products liability lawsuits against several manufacturers and distributors of respirators, alleging that the devices failed to protect them from dust exposure and caused them to develop occupational lung diseases. Each plaintiff had used specific respirators during their mining careers and claimed that the products were defective. The cases were consolidated for discovery due to common factual and legal issues. The defendants moved for summary judgment, arguing that the plaintiffs’ claims were barred by West Virginia’s two-year statute of limitations for personal injury actions.The Circuit Court of McDowell County granted summary judgment to the defendants, finding that each plaintiff knew or should have known of their injury and its possible connection to the respirators more than two years before filing suit. The court used certain “triggering” dates—such as the date of medical diagnosis, receipt of disability benefits, or application for federal black lung benefits—to determine when the statute of limitations began to run. The plaintiffs appealed, arguing that the circuit court improperly resolved factual disputes and applied an incorrect standard for latent disease cases. The Intermediate Court of Appeals of West Virginia affirmed the circuit court’s decision, concluding that there were no genuine issues of material fact regarding the timeliness of the claims.The Supreme Court of Appeals of West Virginia reviewed the case de novo and affirmed the lower courts’ rulings. The Court held that, under the discovery rule, the statute of limitations in products liability cases begins when a plaintiff knows or should know of their injury, the identity of the product’s maker, and the product’s causal relation to the injury. The Court found no genuine dispute of material fact as to when each plaintiff was on notice of their injury and its possible cause, and rejected arguments for tolling based on fraudulent concealment. The summary judgment in favor of the defendants was affirmed. View "Hardy v. 3M Company" on Justia Law

A young woman was seriously injured when the passenger airbag in a 1998 Infiniti QX4 deployed during a low-speed collision, causing permanent vision loss in one eye. She was wearing her seatbelt at the time. The accident occurred when another vehicle exited a parking lot and collided with the Infiniti. The injured party, initially represented by her mother as next friend, sued the vehicle’s manufacturer, alleging that the airbag system was defectively designed and that safer alternative designs were available at the time of manufacture.The case was tried in the Mobile Circuit Court. During voir dire, two jurors failed to disclose their prior involvement as defendants in civil lawsuits, despite being directly asked. After a jury awarded $8.5 million in compensatory damages to the plaintiff on her Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) claim, Nissan discovered the nondisclosures and moved for judgment as a matter of law, a new trial, or remittitur. The trial court denied all motions, finding that substantial evidence supported the verdict and, although it believed probable prejudice resulted from the jurors’ nondisclosures, it felt bound by Alabama Supreme Court precedent to deny a new trial.On appeal, the Supreme Court of Alabama affirmed the denial of Nissan’s renewed motion for judgment as a matter of law, holding that the plaintiff presented substantial evidence of a safer, practical, alternative airbag design. However, the Court reversed the denial of the motion for a new trial, concluding that the trial court erred in believing it lacked discretion due to prior case law. The Supreme Court clarified that the trial court retained discretion to determine whether the jurors’ nondisclosures resulted in probable prejudice and remanded the case for the trial court to exercise that discretion. View "Nissan North America, Inc. v. Henderson-Brundidge" on Justia Law

Three public school teachers in Washington developed health problems after working in an older school building that contained polychlorinated biphenyls (PCBs) manufactured by Monsanto. The teachers sued Pharmacia, Monsanto’s successor-in-interest, alleging injuries from PCB exposure and brought claims under the Washington Product Liability Act (WPLA) for design defect, construction defect, and failures to warn, while also seeking punitive damages under Missouri law. After a seven-week trial, the jury found for the teachers on all claims, awarding substantial compensatory and punitive damages.The Snohomish County Superior Court, where the case was tried, ruled that Missouri law governed the issues of repose and punitive damages, while Washington law governed the substantive elements of liability. The court also admitted expert testimony estimating historic PCB exposure levels. Pharmacia challenged the verdict, but the trial court denied its post-trial motions. On appeal, the Washington Court of Appeals reversed in part, holding that Washington’s statute of repose applied, limiting the plaintiffs’ claims, and that the verdict form was insufficient for punitive damages because it did not specify which theory of liability supported the award. The Court of Appeals also found error in the admission of certain expert testimony.The Supreme Court of the State of Washington reviewed the case and partially reversed the Court of Appeals. The Supreme Court held that, under Washington’s established choice of law principles, Missouri law governs both the issues of repose and punitive damages because Missouri has the most significant relationship to those issues. The Court also held that the jury instructions and special verdict form were sufficient to sustain the punitive damages award under Missouri law, and that the challenged expert testimony was admissible under the Frye standard and ER 702. The Supreme Court reinstated the jury’s verdict and remanded for further proceedings consistent with its opinion. View "Erickson v. Pharmacia LLC" on Justia Law

Carlos Pellecer died after falling from a Werner brand aluminum extension ladder while working as a handyman in New Orleans. His family sued Werner Co., a Delaware corporation, and New Werner Holding Co., Inc., alleging that the ladder was unreasonably dangerous under the Louisiana Products Liability Act (LPLA) and that the defendants failed to warn about a 2018 recall. The ladder in question was manufactured in 1991 by Werner Co., a Pennsylvania corporation (later renamed Old Ladder), which filed for bankruptcy in 2006. The defendants had purchased certain assets, including the Werner name and trademark, from Old Ladder in 2007, but did not manufacture or sell the specific ladder model involved in the accident.The Civil District Court for the Parish of Orleans denied the defendants’ motion for summary judgment and, after a jury trial, entered judgment on a verdict finding the defendants to be manufacturers of the ladder under the LPLA. The jury awarded over $5 million in damages, apportioning fault equally between the defendants and Old Ladder. The defendants’ post-trial motions were denied. The Louisiana Court of Appeal, Fourth Circuit, affirmed the trial court’s judgment, holding that the jury could reasonably find the defendants to be manufacturers under the LPLA’s apparent manufacturer doctrine.The Supreme Court of Louisiana granted certiorari and held that the defendants were not manufacturers of the ladder under the LPLA. The court found no evidence that the defendants labeled the ladder as their own, held themselves out as its manufacturer, or exercised control over its design, construction, or quality. The court concluded that merely acquiring the Werner name and trademark did not make the defendants manufacturers of the subject ladder. The Supreme Court reversed the appellate court, vacated the trial court’s judgment, and rendered judgment in favor of the defendants. View "PELLECER VS. WERNER CO." on Justia Law