Justia Products Liability Opinion SummariesArticles Posted in US Court of Appeals for the Sixth Circuit
Boal v. DePuy Orthopaedics
Since 2010, the Northern District of Ohio has been the home of multidistrict litigation involving a DePuy medical device used in hip-replacement surgeries that, at its peak, contained more than 8,500 cases. In 2013, the defendants entered into a broad settlement agreement with U.S. resident plaintiffs. Foreign plaintiffs brought the 12 suits at issue. In 2012, they filed “short-form” complaints, each alleging that a plaintiff had been implanted with the DePuy device during hip surgery in Spain. The complaints did not identify the basis for subject-matter jurisdiction; the civil cover sheets listed diversity jurisdiction under 28 U.S.C. 1332. The complaints alleged that the plaintiffs were Spanish residents and either Spanish or British citizens. The defendants never disputed diversity jurisdiction. In 2015, the defendants followed through on earlier notices by filing motions to dismiss based on forum non-conveniens. The court granted the motions, finding that Spain provided the better forum. The Sixth Circuit vacated. “After eight years the parties now concede that the district court lacked diversity jurisdiction all along.” If foreign citizens are on both sides of a dispute but a state citizen is on only one side, the fact pattern does not fit section 1332(a)(3) because citizens of different states do not fall on both sides. Section 1332(a)(2) does not apply because it requires “complete” diversity— only state citizens are on one side of the dispute and only foreign citizens are on the other. View "Boal v. DePuy Orthopaedics" on Justia Law
Fox v. Amazon.com, Inc.
Fox used Amazon.com to order a hoverboard equipped with a battery pack. Although Fox claims she thought she was buying from Amazon, the hoverboard was owned and sold by a third-party that used Amazon marketplace, which handles communications with the buyer and processes payments. The board arrived in an Amazon-labeled box. The parties dispute whether Amazon provided storage and shipment. In November 2015, following news reports of hoverboard fires and explosions, Amazon began an investigation. On December 11, Amazon ceased all hoverboard sales worldwide. Approximately 250,000 hoverboards had been sold on its marketplace in the previous 30 days. Amazon anticipated more fires and explosions, scheduling employees to work on December 26, to monitor news reports and customer complaints. On December 12, Amazon sent a "non-alarmist" email to hoverboard purchasers. Fox does not recall receiving the email but testified that she would not have let the hoverboard remain in her home had she known all the facts. On January 9, Matthew Fox played with the hoverboard and left it on the first floor of the family’s two-story home. When a fire later broke out, caused by the hoverboard’s battery pack, two children were trapped on the second floor. Everyone escaped with various injuries; their home was destroyed. The Sixth Circuit affirmed the summary judgment rejection of allegations that Amazon sold the defective or unreasonably dangerous product (Tennessee Products Liability Act) and caused confusion about the source of that product (Tennessee Consumer Protection Act of 1977) but reversed a claim that Amazon breached a duty to warn about the defective or unreasonably dangerous nature of that product under Tennessee tort law. View "Fox v. Amazon.com, Inc." on Justia Law
Wilden v. Laury Transportation, LLC
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