Melinda Torres filed an action against Bayer Corporation (Bayer) in Texas state court. Bayer removed the action to federal court. Three years later, Torres died. Torres’s two daughters, Nicole Hampton and Stephanie O’Neal (collectively, appellants), moved to substitute for their mother as plaint...
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Dr. Antoine Khoury appeals the district court’s dismissal of his tort lawsuit against Philips Medical Systems (Philips). Dr. Khoury argues the district court abused its discretion in excluding the testimony of his expert witness, Dr. Robert Andres, as unqualified and unreliable under Fed. R. Evid....
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Avent America, Incorporated (“Avent”) appeals the district court’s declaratory judgment that Medmarc Casualty, Pennsylvania General and State Farm insurance companies (“the insurance companies”) do not have a duty to defend Avent in a series of lawsuits involving the presence of Bisphenol-...
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Karen Robinson and her husband (suing for loss of consortium) brought a products liability suit against McNeil Consumer Healthcare in an Illinois state court. The case was removed to a federal district court in Illinois under the diversity jurisdiction. McNeil’s parent, Johnson & Johnson, was a de...
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Mary Buchanan sued Wyeth, a publicly-held corporation, Wyeth Pharmaceuticals, an unincorporated division of Wyeth, and Wyeth-Ayerst Laboratories Company and Wyeth Pharmaceuticals, Inc., wholly owned subsidiaries of Wyeth, regarding a diet pill, Redux, that the companies manufactured and sold. Buchan...
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Kenneth Gable and Brian Wolin appeal the district court’s denial of their respective motions for class certification. Gable and Wolin each brought a class action lawsuit against Jaguar Land Rover North America, LLC (“Land Rover”) alleging that Land Rover’s LR3 vehicles suffer from an alignme...
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This products liability action arose out of a fatal vehicle accident that occurred in February 2006. Plaintiffs allege that the left rear tire (“subject tire”) on their 1988 GMC van suddenly and unexpectedly deflated, causing the van with its twelve occupants to overturn. The district court prec...
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This is an appeal of a decision granting summary judgment in a product liability action arising out of a tragic swimming pool accident. Plaintiff-appellant Jennifer Sheehan is a resident of Rhode Island. Defendants-appellees The North American Marketing Corp. ("NAMCO") and Delair Group, LLC, are a s...
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Plaintiff-Appellant Rhonda Hendrix alleges that her son, G.P., sustained traumatic brain injuries when a child restraint system manufactured by Defendant-Appellee Evenflo Company, Inc., (“Evenflo”), malfunctioned during a minor traffic accident. Hendrix further alleges that those brain injuries ...
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Oanh and Kim Thach brought this negligence, products liability, and breach of warranty action against Tiger Corporation, the Japanese manufacturer of a rice cooker which allegedly caused a fire at their home. The district court granted Tiger judgment on the pleadings, finding that the Thachs had fai...
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