Twenty-three-year-old Tricia Mason committed suicide on March 2, 2003, two days after she started taking Paxil, a popular antidepressant. Her parents sued the manufacturer of the drug, the Smithkline Beecham Corporation, claiming it was negligent (among other things) for not warning that taking Paxi...   MORE>>

The issue before us is whether the district court abused its discretion by denying plaintiff Ginette Morrissette's post-trial motions for a new trial and for default judgment as a sanction for an alleged discovery violation. Plaintiff was granted a continuance to conduct further discovery when the d...   MORE>>

Plaintiffs Terri Crandall and JoAnn Hubbard sued for injunctive relief against the City and County of Denver under the citizen-suit provision of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6972(a)(1)(B). Their concern is that aircraft deicing fluid (ADF), which can produc...   MORE>>

Plaintiffs-appellants, Michael Omstead, Melissa Malloy, and Lisa Smith (collectively, “plaintiffs”), brought a proposed class action against Dell, Inc. (“Dell”), asserting various claims under California state law predicated on the allegation that Dell designed, manufactured, and sold defect...   MORE>>

Augusta Fiberglass Coatings, Inc. ("Augusta") appeals from an adverse jury verdict against it in a personal injury action filed by Doug McCoy and his wife, Linda McCoy. The McCoys alleged that Augusta manufactured a defective tank that proximately caused Doug McCoy's injuries. The McCoys originally ...   MORE>>

This case presents one issue on appeal: whether the federal regulatory regime governing pharmaceuticals preempts state-law failure-to-warn claims against manufacturers of generic drugs. The Supreme Court held, in Wyeth v. Levine, that such claims are not preempted against name brand drug manufacture...   MORE>>

Plaintiffs-appellants Joseph Birdsong and Bruce Waggoner (collectively, the “plaintiffs”) filed a class action complaint claiming that defendant-appellee Apple, Inc.’s (“Apple”) iPod is defective because it poses an unreasonable risk of noise induced hearing loss to its users. The plaintif...   MORE>>

Plaintiff George McCollins represented a putative West Virginia class in this multidistrict litigation against the defendants who manufactured and produced Baycol, a prescription cholesterol lowering medication. His was one of thousands of similar Baycol lawsuits consolidated for pretrial proceeding...   MORE>>

In this diversity action involving a products liability claim, Robert Esposito challenges the district court's decision to grant summary judgment to the defendants, Dewalt Industries, Black & Decker, and Home Depot. Esposito argues on appeal that the case was improperly removed to federal court and ...   MORE>>

This appeal grows out of an action brought by four purchasers of allegedly defective products. Their complaint, filed in the United States District Court for the District of Massachusetts, sought class certification and the recovery of class-wide damages against the manufacturer, its parent, and a f...   MORE>>