Articles Posted in U.S. Court of Appeals for the Fifth Circuit

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Plaintiff filed suit against defendants after he was injured when his rifle suddenly discharged, firing a bullet through his foot. Plaintiff alleged five products liability claims and one claim under Texas law. The district court entered summary judgment in favor of defendants because plaintiff's claim was time-barred. At issue was whether the district court properly applied Texas's choice of law rules, which is dependent upon whether section 71.031(a) of the Texas Civil Practice and Remedies Code is a choice of law provision and whether the statute applies in federal court. The court concluded that Hyde v. Hoffmann-La Roche, Inc. is controlling in this case. In light of Hyde, the court concluded that section 71.031 is a choice of law provision that applies in both state and federal courts, and an analysis of section 71.031 demonstrates the result is the same regardless of whether plaintiff is considered a resident of Texas or Georgia. In this case, even assuming the rifle was first purchased in 1998, plaintiff had until 2013 to initiate his products liability suit, but he did not do so until 2015, which was more than fifteen years from the date of the sale of the rifle. Accordingly, the court affirmed the judgment. View "Burdett v. Remington Arms Co., LLC" on Justia Law

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Plaintiffs, family members of Henry Sims, Sr., filed a products liability action against KMA and KMC after Mr. Sims died in a tragic car accident when he was a passenger in a 2010 Kia Soul. Plaintiffs alleged that the Soul's fuel tank was defectively designed. The district court granted summary judgment for defendants. The court concluded that the district court did not err in applying Texas law to all claims in the suit where the accident took place in Texas. The court also concluded that the district court did not abuse its discretion in excluding plaintiffs' experts because they did not rely on sufficiently reliable methods and data. Finally, without admissible expert testimony, the court concluded that the district court correctly determined that plaintiffs cannot raise a genuine issue of material fact concerning key elements of their products liability claim. Accordingly, the court affirmed the district court's judgment. View "Sims, Jr. v. Kia Motors of America" on Justia Law

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Plaintiff filed a products liability suit against defendants after suffering severe injuries soon after being treated with defendants' product, the ProNeuroLight. At issue is the district court's denial of plaintiff's motion to exclude the medical testimony of a chiropractor. The court concluded that the district court abused its discretion by admitting the testimony without performing the requisite Daubert inquiry regarding the chiropractor's qualifications. Furthermore, the district court's abuse of discretion affected plaintiff's substantial rights where the chiropractor was the sole witness in defendants' case. Accordingly, the court reversed and remanded for further proceedings. View "Carlson v. Bioremedi Therapeutic Sys." on Justia Law