Articles Posted in US Court of Appeals for the Eleventh Circuit

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In this appeal arising from an allegedly defective surgical mesh implant, the Eleventh Circuit certified the following question to the Supreme Court of Texas: In a product liability case, does Texas' discovery rule require a plaintiff to have some knowledge of possible wrongdoing on the part of the manufacturer—i.e., a causal connection between the injury and the manufacturer's conduct—before the plaintiff's claims can accrue? View "Bergin v. Mentor Worldwide LLC" on Justia Law

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Plaintiff filed suit against S&N for negligence, product liability, breach of contract, and misrepresentation. Plaintiff's claims stemmed from his decision to get S&N's metal-on-metal hip replacement system and the injuries he says it caused him. The Eleventh Circuit affirmed the district court's dismissal of the negligence claim to the extent it relies on an improper training or failure to warn theory of liability; affirmed the dismissal of the breach of contract claim; and reversed the dismissal of the negligence claim and strict product liability claims premised on manufacturing defect, as well as his misrepresentation claim. The court explained that these surviving claims were cognizable Florida common law causes of action and were not preempted by federal law. View "Mink v. Smith & Nephew, Inc." on Justia Law