Part of Tim Allen’s character, Tim the Tool Man, included teaching the fictional Tool Time tv audience how to fix things at home, preferably with larger, louder, power tools. Often something would go wrong, and there would be a hole, a leak, or a fire instead of a job well done. That same spirit infuses
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Court of Appeals Affirms Summary Judgment in Home Products Case
By Sean Wajert on
Posted in Consumer Fraud, Consumer Products
The 8th Circuit recently affirmed the grant of summary judgment to the defendant in a proposed class action brought by an Iowa homeowner suing over allegedly defective house trim. See Brown v. La.-Pac. Corp., No. 15-1830, 2016 WL 1425824 (8th Cir. 4/12/16).
In 2003, Brown purchased a lot and hired a contractor, who in turn…
Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design
By Sean Wajert on
Posted in Articles, Consumer Products
A federal court in Texas recently rejected design defect claims in a product liability case when plaintiff failed to offer a required cost estimate fo…
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Appeals Court Affirms Summary Judgment for Cart Manufacturer
By Sean Wajert on
Posted in Articles, Consumer Products
The Second Circuit affirmed the grant of summary judgment for a golf cart maker who challenged plaintiff’s expert opinion in a design defect suit by a…
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State Supreme Court Reaffirms Death of Single Fiber Theory
By Sean Wajert on
Posted in Articles
The Pennsylvania Supreme Court recently reaffirmed several important principles in toxic tort exposure, specifically asbestos, cases. See Howard, et a…
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Summary Judgment Granted on Product Identification
By Sean Wajert on
Posted in Articles, Drug and Device
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant’s product. Last w…
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Failure of General Causation Proof Leads to Summary Judgment in Chemical Case
By Sean Wajert on
The Ohio appeals court ruled recently that a plaintiff could not pursue her chemical exposure toxic tort suit since her sole general causation expert’…
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Supreme Court Declines to Review Defense Win in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
The Supreme Court declined earlier this month to review a decision by the Second Circuit affirming a defense verdict in the Fosamax litigation. See Se…
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Federal Court Reaffirms Summary Judgment in NORM Case
By Sean Wajert on
A federal court recently reaffirmed its prior ruling that a plaintiff’s expert failed to establish causation in a suit alleging increased risk of canc…
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Summary Judgment for Defendant in Heater Case
By Sean Wajert on
Posted in Articles, Consumer Products
A federal court granted defendant summary judgment in a products case alleging that a propane heater that exploded was responsible for plaintiff’s hus…
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