Justia Products Liability Opinion Summaries

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

In the underlying action in this case, Appellants Smith & Fuller, P.A. and Hugh Smith represented the Trenado family in a products liability suit against Appellee Cooper Tire & Rubber Company. That case resulted in a jury verdict in favor of Cooper. During the proceedings, Smith and his law firm violated a protective entered by the district court to protect Cooper's trade secrets and confidential information produced during discovery. Following trial, the district court held that Smith and his firm did not willfully violate the protective order but determined that sanctions should be imposed. Appellants appealed, contending that the district court lacked authority to impose sanctions and that the fees and expenses sought by Cooper were unreasonable. The Fifth Circuit affirmed, holding (1) the district court imposed the sanctions under its authority; and (2) the expenses sought by Cooper in this matter were reasonable. View "Smith & Fuller, P.A. v. Cooper Tire & Rubber Co." on Justia Law

Plaintiff-Appellant Lilybet Farias appealed the grant of summary judgment in favor of Defendants-Appellants Mr. Heater, Inc., Enerco Group, Inc. and The Home Depot, Inc. Further, she appealed the denial of the Rule 59 motion for reconsideration in favor of Defendants on her claims of strict products liability and negligent failure-to-warn. Plaintiff asserted that Defendants negligently failed to warn her of the danger which could result from the indoor use of two propane gas-fired infra-red portable heaters that she purchased from Home Depot and which had been manufactured by Enerco and Mr. Heater. As a result of the allegedly inadequate warnings, Plaintiff argued she unwittingly used the heaters inside her home and when she failed to close a valve on one of the gas tanks before going to sleep, her home caught fire causing thousands of dollars in damages. On appeal, Plaintiff argued the district court erred by resolving as a matter of law, rather than leaving the issue for the jury's determination, the question of the adequacy of the warnings and instructions provided with the heaters. Upon review, the Eleventh Circuit saw no error in the district court's conclusion that the warnings provided by Defendants were inadequate as a matter of law. Accordingly, the Court affirmed the district court's grant of summary judgment in favor of Defendants. View "Farias v. Mr.Heater, Inc." on Justia Law

Plaintiff-Appellant Arrienne Mae Winzler brought state law claims against Defendant-Appellee Toyota Motor Sales USA, Inc. (Toyota) on behalf of a proposed nationwide class of 2006 Toyota Corolla and Toyota Corolla Matrix owners and lessees. She alleged that the cars harbored defective "Engine Control Modules" ("ECMs"), making them prone to stall without warning. As relief, she asked for an order requiring Toyota to notify all relevant owners of the defect and then to create and coordinate an equitable fund to pay for repairs. Before addressing whether Plaintiff's class should be certified, the district court held her complaint failed to state a claim and dismissed it under Fed. R. Civ. P. 12(b)(6). As Plaintiff began her appeal, Toyota announced a nationwide recall of 2005-2008 Toyota Corolla and Corolla Matrix cars to fix their ECMs. Arguing that these statutory and regulatory processes were exactly the relief sought in Plaintiff's complaint, Toyota asked the Tenth Circuit to find that its recall rendered Plaintiff's case moot. "Because prudential mootness is arguably the narrowest of the many bases Toyota has suggested for dismissal, and because it is sufficient to that task, [the Court has] no need to discuss any of Toyota's other arguments for the same result." The Court vacated the district court's judgment and remanded the case with instructions to dismiss the case as moot. View "Winzler v. Toyota Motor Sales U.S.A., Inc" on Justia Law

In 2007, two groups filed separate class action suits against Volkswagen. The cases were consolidated for pre-trial purposes because they raised substantially similar allegations: that several models of Volkswagen and Audi automobiles had defectively designed sunroofs that, when clogged by plant debris and pollen, allowed water to leak into the vehicle. While leakage could be prevented through regular cleaning and maintenance, Volkswagen allegedly failed to inform car owners of these preventive measures because such a disclosure would acknowledge a design defect, and would likely obligate Volkswagen to cover any resulting damage under their warranty program. The parties reached a settlement, under which a "reimbursement group" received the right to reimbursement for certain qualifying damages, paid from an $8 million fund. "Residual group" member were required to wait until the reimbursement group made its claims. The court certified a single class. The Third Circuit reversed, agreeing with objectors that the representative plaintiffs, all members of the reimbursement group, cannot adequately represent the interests of the class members in the residual group; the certification violated FRCP 23(a)(4). View "Dewey v. Volkswagen " on Justia Law

Barnabas rented a van from Budget and gave Dewindt permission to use it without listing her as an authorized driver on the rental agreement. Dewindt was driving down a steep hill when the brakes failed. Dewindt attempted to stop by driving onto an uphill driveway. The van crashed into a tree, injuring the passengers. Barnabas was not in the van. The district court entered summary judgment for Budget. The Third Circuit reversed and remanded on claims of strict liability, breach of warranty, and loss of consortium. The district court erroneously relied on cases decided under the Second Restatement of Torts which does not recognize strict liability claims against lessorss. Strict liability under the Third Restatement would reach Budget as lessor/distributor of the allegedly defective van. The Third Circuit had certified the question and the Supreme Court of the Virgin Islands responded that Virgin Islands local courts should apply sections 1 and 20 of the Third Restatement and allow lessors to be held strictly liable for injuries resulting from a defective product. The district court should also determine whether plaintiffs may rely on warranties in the rental agreement with Budget. View "Banks v. Int'l Rental & Leasing Corp." on Justia Law

Plaintiffs installed shingles manufactured by Owens Corning (debtor). They discovered leaks in 2009; shingles had cracked. Each sent warranty claims, which were rejected. They filed a class action alleging fraud, negligence, strict liability, and breach of warranty. In 2000, the debtors had filed Chapter 11 bankruptcy petitions; the Bankruptcy Court set a claims bar date in 2002 and approved a notice that appeared in multiple publications. Notices of the confirmation hearing for the Plan, in 2006, included generic notice to unknown claimants. At the time they filed the class action plaintiffs did not hold “claims” under 11 U.S.C. 1101. The Third Circuit subsequently established a rule that a claim arises when an individual is exposed pre-petition to a product or other conduct giving rise to an injury, which underlies a right to payment under the Bankruptcy Code. Based on that holding, the district court held that plaintiffs’ claims were discharged. The Third Circuit affirmed in part and remanded, agreeing that plaintiffs had “claims.” Both were “exposed” to the product before confirmation of the plan. Plaintiffs were not afforded due process by published notice, however, because they could not have known they had claims at the time of confirmation. View "Wright v. Owens Corning" on Justia Law

The named plaintiffs are Ohio residents who purchased front-loading washing machines manufactured by defendant. Within months after their purchases, the plaintiffs noticed the smell of mold or mildew emanating from the machines and from laundry washed in the machines. One plaintiff found mold growing on the sides of the detergent dispenser, another saw mold growing on the rubber door seal, despite allowing the machine doors to stand open. They filed suit, alleging tortious breach of warranty, negligent design, and negligent failure to warn. The district court certified a class comprised of Ohio residents who purchased one of the specified machines in Ohio primarily for personal, family, or household purposes and not for resale (Federal Rule of Civil Procedure 23(a) and (b)(3)). The Sixth Circuit affirmed class certification, with proof of damages reserved for individual determination. Plaintiffs’ proof established numerosity, commonality, typicality, and adequate representation. Common questions predominate over individual ones and class action is a superior method to adjudicate the claims.View "Glazer v. Whirlpool Corp." on Justia Law

Plaintiffs sought compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa, for injuries to their children allegedly caused by the Diptheria-Tetanus-acellular Pertussis vaccine. The children suffer a seizure disorder, known as Severe Myoclonic Epilepsy of Infancy. The same special master presided over both cases and determined that plaintiffs failed to show entitlement to compensation because evidence showed that a gene mutation present in both children was the sole cause of their injuries. The Court of Federal Claims affirmed. The Federal Circuit affirmed, noting considerable evidentiary support for the conclusion. View "Stone v. Sec'y of Health & Human Servs." on Justia Law