Articles Posted in US Court of Appeals for the Third Circuit

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Sikkelee was killed when a Cessna aircraft he was piloting crashed after taking off from North Carolina's Transylvania County Airport. The aircraft had a Lycoming engine; Sikkelee's widow alleged the aircraft lost power due to a defect in the design of the engine and its carburetor. The FAA had issued Lycoming a type certificate for the engine, certifying that the design performs properly and satisfies federal regulations. Sikkelee’s widow brought strict liability and negligence claims against Lycoming, alleging design defect. The Third Circuit held that Sikkelee’s state-law claims are not barred based on the doctrine of field preemption. On remand, the district court concluded the claims were conflict-preempted and that Lycoming was entitled to summary judgment on Sikkelee’s strict liability and negligence claims based on Pennsylvania law. The court granted Lycoming summary judgment on Sikkelee’s claim that Lycoming violated 14 C.F.R. 21.3 by failing to notify the FAA of the alleged defect. The Third Circuit reversed in part, rejecting an argument that Sikkelee’s claims were conflict-preempted because FAA regulations made it impossible for Lycoming to unilaterally implement design changes Pennsylvania law allegedly would have required. Lycoming has not produced clear evidence that the FAA would not have allowed it to change the design set forth in the type certificate. Summary judgment on Sikkelee’s strict liability and negligence claims was inappropriate because there are genuine disputes of material fact concerning causation. Summary judgment was proper on the failure-to-notify-the-FAA claim. View "Sikkelee v. Precision Airmotive Corp" 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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The widows of deceased husbands who served in the U.S. Navy alleged that their husbands contracted cancer caused by exposure to asbestos-containing insulation and components that were added onto ship’s engines, pumps, boilers, blowers, generators, switchboards, steam traps, and other devices. The manufacturer-defendants each made their products “bare metal.” If they manufactured an engine, they shipped it without any asbestos-containing insulation materials that would later be added. Following a remand, the district court applied the bright-line rule version of the bare-metal defense and clarified that summary judgment had been entered in favor of the manufacturers on both the strict liability and negligence claims. The court reasoned that the rule approach was best because maritime law favors uniformity. The Third Circuit vacated, stating that it surveyed “bedrock principles of maritime law” and concluded that they permit a manufacturer of even a bare-metal product to be held liable for asbestos-related injuries when circumstances indicate the injury was a reasonably foreseeable result of the manufacturer’s actions, at least in the context of a negligence claim. The court affirmed summary judgment on the product liability claims. View "In re: Asbestos Products Liability Litigation" on Justia Law

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In multi-district litigation involving 315 product liability claims, plaintiffs alleged that Pfizer’s drug, Zoloft, a selective serotonin reuptake inhibitor (SSRI), caused cardiac birth defects. The Plaintiffs’ Steering Committee introduced several experts to establish causation. The testimony of each of these experts was excluded in whole or in part. In particular, Nicholas Jewell, Ph.D., a statistician, used the “Bradford Hill” criteria to analyze existing literature on the causal connection between Zoloft and birth defects. The district court conducted a Daubert hearing, excluded Jewell's testimony, and granted summary judgment to defendants, stating that Jewell: “failed to consistently apply the scientific methods he articulates, has deviated from or downplayed certain well-established principles of his field, and has inconsistently applied methods and standards to the data so as to support his a priori opinion.” The Third Circuit affirmed, holding that the district court did not require replication of significant results to establish reliability, but merely made a factual finding that teratologists generally require replication of significant results, and this factual finding did not prevent it from considering other evidence of reliability. View "In Re: Zoloft t (Sertraline Hydrochloride) Products Liability Litigation" on Justia Law