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The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against defendants after plaintiff's daughter died from inhaling a large quantity of aerosol dust remover in a Wal-Mart parking lot. The court held that plaintiff's negligence claim based on premises liability failed because she did not plead that there were any issues with the conditions of the premises, and because Wal-Mart did not owe the daughter any duty of care regarding her purchase or abuse of dust remover. Furthermore, Wal-Mart was not liable for negligent entrustment under Restatement (Second) of Torts 390 and under Texas laws, and Wal-Mart employees were not liable in their individual capacities. The court affirmed the district court's denial of plaintiff's motion to remand and motion to alter or amend the complaint. View "Allen v. Walmart Stores, LLC" on Justia Law

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FDA trans fat regulations governing the contents of the Nutrition Facts Panel did not preempt California's unfair competition laws proscribing false or misleading advertising elsewhere on a food product's label. The Ninth Circuit reversed the district court's dismissal of a putative consumer class action alleging that The Kroger Company sold Kroger Bread Crumbs that included misleading labels in violation of California law. The panel held that plaintiff had standing to challenge the legitimacy of defendant's product advertising on the face of the label that it contained "0g Trans Fat per serving." The panel took the occasion to reinforce and apply it's holding in Reid v. Johnson & Johnson,780 F.3d 952, 960 (9th Cir. 2015), that a requirement to state certain facts in the nutrition label was not a license to make that statement elsewhere on the product. The panel also held that plaintiff's labeling claims were not preempted because the FDA regulations did not authorize the contested statements. View "Hawkins v. The Kroger Co." on Justia Law

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More than 20 current and former employees at ConAgra’s Rensselaer, Indiana microwave popcorn plant sued various manufacturers and suppliers of butter flavorings that contained the chemical diacetyl, which if inhaled can cause a respiratory disease called “popcorn lung.” All defendants were dismissed except Givaudan. a long‐time supplier to the plant, which faced claims under Indiana product liability law for strict liability, failure to warn, negligence, and design defect. The district court granted Givaudan summary judgment in full. The Seventh Circuit affirmed as to most of the claims but remanded the claim that Givaudan failed to warn plaintiffs that its products contained a dangerous substance. Whether an exception to that duty to warn—the sophisticated intermediary doctrine— applies to the employer ConAgra and exonerates Givaudan is a fact question. View "Aregood v. Givaudan Flavors Corp." on Justia Law

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The Eighth Circuit affirmed the district court's order limiting the scope of plaintiff's general causation phase discovery in this products liability suit alleging that plaintiff's husband's use of Enbrel caused his myelodysplastic syndrome (MDS) which resulted in his death. The court held that the district court did not abuse its discretion in limiting the scope of plaintiff's general causation discovery; the district court's basis for weighing proportionality was based on common sense and the search conducted by plaintiff's counsel during the discovery hearing; the district court did not rely on misrepresented facts by Amgen in issuing its discovery orders; any error in failing to provide plaintiff an opportunity to cross-examine Amgen's expert was harmless; the district court was under no obligation to order Amgen to provide plaintiff with materials the FDA requests—but does not require—from pharmaceutical companies when the agency evaluates safety risks; and plaintiff's assertion that the district court's order limiting the scope of her discovery prejudiced her case was rejected. The court also held that the district court did not abuse its discretion by imposing sanctions under Rule 11 and by imposing sanctions under 28 U.S.C. 1927. Finally, the district court properly exercised its inherent power to sanction plaintiff's counsel, and here was no abuse of discretion View "Vallejo v. Amgen, Inc." on Justia Law

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Estrada filed a purported class action on behalf of: “All persons who purchased [Johnson & Johnson] Baby Powder in California and states with laws that do not conflict with the laws asserted here.” The district court dismissed for lack of standing. The Third Circuit affirmed, stating that a plaintiff—who has entirely consumed a product that has functioned for her as expected— has not suffered an economic injury solely because she now sincerely wishes that she had not purchased that product. Buyer’s remorse, without more, is not a cognizable injury under Article III. The court noted that Estrada did not allege that a product has caused her physical injury, nor does she allege even an increased risk of developing cancer; she makes no claim of emotional injury, nor did she describe a defective product. She bought the product regularly for decades and completely consumed what she purchased. Her theory of recovery is simply that she suffered an economic injury by purchasing improperly marketed Baby Powder and that, had she been properly informed that using Baby Powder could lead to an increased risk of developing ovarian cancer, she would not have purchased it. View "Estrada v. Johnson & Johnson" on Justia Law

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Plaintiff filed suit against defendants for unintentional and intentional torts arising from the death of her mother. Plaintiff alleged that her mother's illnesses were caused by her addiction to cigarettes manufactured by defendants. The jury found for plaintiff and defendants appealed. The Eleventh Circuit affirmed the district court's judgment and rejected defendants' due process arguments because, consistent with precedent, the use of the Engle findings to establish the conduct elements of the progeny plaintiffs' tort claims was a constitutionally permissible application of res judicata. The court rejected defendants' contention that their Seventh Amendment rights were violated because the court concluded that the jury was not asked or required to reexamine the Engle findings. The court also rejected defendants' contention that the damages award should have been apportioned based on the mother's comparative fault, because the district court neither misinterpreted nor misapplied Florida law and plaintiff did not waive her statutory right to full, unapportioned damages. View "Searcy v. R.J. Reynolds Tobacco Co." on Justia Law

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Plaintiff Maureen McDaid brought a negligence action against defendants Aztec West Condominium Association; Preferred Management, Inc., the Association’s management company; and Bergen Hydraulic Elevator, the elevator-maintenance provider. The complaint alleged that McDaid suffered serious injuries when she was exiting the elevator and the elevator doors unexpectedly and “repeatedly” closed on her. At the end of the discovery period, the trial court granted summary judgment in favor of defendants and dismissed McDaid’s complaint. The court rejected the application of the doctrine of res ipsa loquitur, finding that the malfunctioning of elevator doors is not an occurrence that “ordinarily bespeaks negligence.” More specifically, the court stated that McDaid “did not refute the contention that the electric eye, being a mechanical device, is subject to failure from time to time totally unrelated to negligence.” The New Jersey Supreme Court found that because the malfunctioning of elevator doors that close on a passenger bespeaks negligence, giving rise to a res ipsa inference, the trial court improvidently granted summary judgment. View "McDaid v. Aztec West Condominium Association" on Justia Law

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Integra LifeSciences Corporation ("Integra") petitioned the Alabama Supreme Court for mandamus relief in a suit brought by Tawni Brooks and her husband, Bobby Brooks. In 2014, Brooks underwent a double mastectomy and breast-reconstruction procedure at Springhill Memorial Hospital in Mobile. Brooks experienced complications following her surgery, and a subsequent surgery performed in 2015, revealed that those complications were potentially related to surgical mesh implanted in her body as part of the 2014 procedure. In 2016, Brooks sued the doctor who performed the procedure and various fictitiously named defendants, including "the manufacturer of the mesh used in [Brooks]'s operation." Integra was ultimately determined to be the manufacturer of the mesh; the company moved for summary judgment on grounds that the applicable statute of limitations had run, and that Brooks' second amended complaint did not relate back to the original complaint. As to Brooks' Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") claim against Integra, the Alabama Supreme Court granted Integra's petition and issued a writ directing the trial court to enter a summary judgment in favor of Integra. With respect to the breach-of-warranty claim, however, Integra did not establish a clear legal right to relief; as to that claim, the petition was denied. View "Ex parte Integra LifeSciences Corporation." on Justia Law

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Appellants, adult children of Decedent, who died in 2010 of mesothelioma allegedly caused by exposure to asbestos in brakes he purchased from Pep Boys, an automotive parts retailer, brought claims for wrongful death, strict liability, and negligence. The trial court rejected appellants’ wrongful death claims as untimely and a claim for punitive damages. The court awarded $213,052 as economic damages but found that amount was entirely offset by settlements with other parties. The court of appeal reversed in part, agreeing that the trial court erred in failing to award damages for the costs of providing home health services to Decedent and his wife and erred in awarding Pep Boys expert fees under section 998. The court rejected claims that the trial court abused its discretion in allowing Pep Boys to amend its answer to correct a previously-asserted statute of limitations defense; erred in granting Pep Boys’ motion for judgment under section 631.8; and erred in applying offsets to the award of economic damages based on prior settlements without allocating between estate claims and wrongful death claims. Damages recoverable in a survival action brought by a decedent’s personal representative or successor in interest are limited to damages that the decedent incurred before death and do not include “ ‘lost years’ damages” that would have been incurred had the decedent survived. View "Williams v. The Pep Boys Manny Moe & Jack of California" on Justia Law

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Wilden, age 19, and her infant son were involved in a traffic accident with an 18-wheel tractor-trailer. Wilden suffered severe brain damage when her sedan was pulled beneath the side of the trailer in a “side-underride” crash. The remaining defendant is Great Dane, the trailer’s manufacturer. The district court excluded plaintiffs’ expert-witness testimony about an alternative design that allegedly would have prevented, or at least mitigated, Wilden’s injuries. That alternative design is a “telescoping side guard.” An ordinary, fixed-position side guard would block the space underneath the side of the trailer so that, in a crash, automobiles would not go underneath. A telescoping side guard would also slide and expand to protect the space opened up when a truck’s sliding rear-axle— which trucks use to meet weight-per-axle regulations—is moved toward the rear of the truck. Although elements of the telescoping design have existed for some time, and computer simulations suggest that the design could work, nobody has ever built or tested one in the real world. The court held that the testimony of the two experts was unreliable and inadmissible under Federal Rule of Evidence 702. The Sixth Circuit affirmed summary judgment for Great Dane. Given the total absence of real-world, physical-prototype testing and that neither expert had designed a telescoping side guard, the district court did not abuse its discretion in excluding the evidence. View "Wilden v. Laury Transportation, LLC" on Justia Law