The MDL court overseeing the coordinated federal litigation stemming from a 2007 peanut butter recall recently granted summary judgment to the defenda
Continue Reading MDL Court in Peanut Butter Litigation Grants Multiple Summary Judgments For Defense
summary
No Second Bite of the Apple for HT Plaintiffs
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court granted summary judgment in litigation brought by hormone replacement drug plaintiffs whose suits were previously ruled untimely by a …
Continue Reading No Second Bite of the Apple for HT Plaintiffs
Game Over for Plaintiffs in Wii Class Action
By Sean Wajert on
A federal court last week granted defendant’s summary judgment motion in a putative class action alleging Nintendo of America Inc. sold defective wris…
Continue Reading Game Over for Plaintiffs in Wii Class Action
Federal Court Grants Daubert Motion and Summary Judgment in Toxic Tort Cases
By Sean Wajert on
A federal court last week dismissed consolidated toxic tort suits brought against Alcoa Inc. and other defendants brought by employees of Lockheed Mar…
Continue Reading Federal Court Grants Daubert Motion and Summary Judgment in Toxic Tort Cases
Summary Judgment in Ignition Lock Class Action
By Sean Wajert on
A federal judge has dismissed a class action against Ford Motor Co. over allegedly defective ignition locks. Richard Smith, et al. v. Ford Motor Co., …
Continue Reading Summary Judgment in Ignition Lock Class Action
Third Circuit Rejects Medical Monitoring in Device Case
By Sean Wajert on
The Third Circuit has properly recognized that a claim for medical monitoring claim does not lie against the manufacturer of a medical device product.
Continue Reading Third Circuit Rejects Medical Monitoring in Device Case
Ninth Circuit “Strikes” a Blow for Proper Motion Procedure
By Sean Wajert on
Posted in Articles
Phillies’ slugger Ryan Howard was ejected from a game this week in extra innings, leaving his team (which had no more position players) to insert ace …
Continue Reading Ninth Circuit “Strikes” a Blow for Proper Motion Procedure
Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory
By Sean Wajert on
One of the fascinating and disturbing things about failure to warn claims is the endless supply of creative, far-fetched, fantastic, implausible, fanc…
Continue Reading Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory
Failure to Warn Claim Survives- But Why?
By Sean Wajert on
Posted in Articles, Consumer Products
Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given? Harley Dav…
Continue Reading Failure to Warn Claim Survives- But Why?
Causation Expert Opinions Excluded in Toxic Tort Case
By Sean Wajert on
A federal judge has issued an opinion explaining her Daubert and summary judgment rulings in a case brought by a consumer who alleged he contracted lu…
Continue Reading Causation Expert Opinions Excluded in Toxic Tort Case