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Products liability – Implied warranty
Where the defendant manufacturer of a water-supply line has moved to dismiss a complaint over water damage caused when the line cracked, that motion should be denied as to an implied warranty claim.
Products liability – Depositions – Protective order
Where a defendant in a suit over a surgical stapler has moved for a protective order to prevent the plaintiffs from deposing two of the defendant’s employees, that motion should be denied despite the defendant’s argument that the depositions would produce irrelevant or duplicative information.
Products liability – Primary jurisdiction – NHTSA
Where plaintiffs who purchased children’s car seats have moved to amend their complaint, their motion should not be denied on futility grounds despite the defendant’s argument that the National Highway and Traffic Safety Agency has primary jurisdiction.
Products liability – Vehicle – Defects
Where a defendant auto manufacturer has moved for summary judgment on the claims of a plaintiff who alleges that a vehicle he ordered directly from the manufacturer bore signs of having been driven and damaged, the motion must be denied because a triable issue of fact exists as to whether the vehicle was damaged on delivery.
Products liability – FHSA – Failure to warn
Where a plaintiff insurance company has brought a subrogation action alleging that a house fire was caused by the spontaneous combustion of a product manufactured by the defendant, a motion for partial summary judgment filed by the defendant should be allowed because spontaneous combustion is not a “principal hazard” subject to mandatory warnings under the Federal Hazardous Substances Act.
Duty to warn inapplicable to spontaneous combustion
A manufacturer of a product allegedly responsible for a kitchen fire could not be held liable for failing to include a warning about the risk of spontaneous combustion, a U.S. District Court judge has ruled.
Products liability – New York law – Surgical implant
Where the defendant manufacturer of a surgical implant has moved for summary judgment on a claim asserted by a plaintiff who underwent eye surgery, that motion should be allowed under applicable New York law, as the plaintiff has identified no evidence that creates a triable issue on the question of whether the implant suffered from a defect that was knowable at the time of her surgery in 1986.
Products liability – Limitations – Discovery rule
Where a defendant manufacturer of a pelvic mesh product has moved for summary judgment, that motion should be allowed under the three-year Massachusetts statute of limitations, as the plaintiff was or should have been on notice, more than three years before filing suit, that she had been harmed and that the defendant was the cause of her harm.
Products liability – Limitations – Heart valve
Where a complaint was filed in 2023 alleging that a faulty medical device was responsible for a patient’s untimely death, the complaint must be dismissed under the Massachusetts three-year statue of limitations, as the plaintiff was aware of the alleged injury in 2015.
Products liability – Medical device – Design defect
Where a complaint has been brought against the defendant manufacturer of an inferior vena cava filter surgically implanted in the plaintiff, summary judgment is unwarranted with respect to a design defect claim, as a dispute exists over the availability of a safer alternative design.
Products liability – Causation – Acid concentrates
Where litigation has been brought over the use of acid concentrates in the treatment of dialysis patients, a motion for summary judgment filed by the defendant manufacturers of the acid concentrates should be allowed based on a lack of evidence of causation.
Products liability – Limitations – Tolling
Where a motion has been filed to dismiss a product liability complaint, that motion should be allowed because the complaint is untimely and tolling is not warranted under American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974).
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
