Justia Civil Procedure Opinion Summaries

James Wilson III used earplugs manufactured by Hearos, LLC at a shooting range and subsequently suffered significant hearing loss. He filed a lawsuit against Hearos in state court, alleging various tort claims. Protective Industrial Products, Inc. (PIP), a non-party, removed the case to federal court. The district court noted the unusual removal by a non-party but proceeded as neither Wilson nor Hearos objected to the court's jurisdiction. The district court dismissed Wilson's claims as time-barred under Georgia law.The district court for the Southern District of Georgia found that Wilson filed his complaint three days before the statute of limitations expired but did not serve Hearos until 117 days after the limitations period ended. The court concluded that Wilson failed to demonstrate the required diligence in serving Hearos, leading to the dismissal of his claims.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that removal by a non-party is a procedural defect, not a jurisdictional one, and must be objected to within 30 days under 28 U.S.C. § 1447(c). Since Wilson did not object within this period, he waived his right to challenge the removal. The court also affirmed that Georgia's service-and-diligence rule, rather than Federal Rule of Civil Procedure 4(m), applied to determine if Wilson's claims were time-barred. The court concluded that Wilson did not act with the required diligence to serve Hearos, affirming the district court's dismissal of his claims. View "Wilson v. Hearos, LLC" on Justia Law

An underage user of the Grindr application, John Doe, filed a lawsuit against Grindr Inc. and Grindr LLC, alleging that the app facilitated his sexual exploitation by adult men. Doe claimed that Grindr's design and operation allowed him to be matched with adults despite being a minor, leading to his rape by four men, three of whom were later convicted. Doe's lawsuit included state law claims for defective design, defective manufacturing, negligence, failure to warn, and negligent misrepresentation, as well as a federal claim under the Trafficking Victims Protection Reauthorization Act (TVPRA).The United States District Court for the Central District of California dismissed Doe's claims, ruling that Section 230 of the Communications Decency Act (CDA) provided Grindr with immunity from liability for the state law claims. The court also found that Doe failed to state a plausible claim under the TVPRA, as he did not sufficiently allege that Grindr knowingly participated in or benefitted from sex trafficking.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's dismissal. The Ninth Circuit held that Section 230 barred Doe's state law claims because they implicated Grindr's role as a publisher of third-party content. The court also agreed that Doe failed to state a plausible TVPRA claim, as he did not allege that Grindr had actual knowledge of or actively participated in sex trafficking. Consequently, Doe could not invoke the statutory exception to Section 230 immunity under the Allow States and Victims to Fight Online Sex Trafficking Act of 2018. The Ninth Circuit affirmed the district court's dismissal of Doe's claims in their entirety. View "DOE V. GRINDR INC." on Justia Law

In June 2015, Dylann Roof shot and killed nine people at Mother Emanuel AME Church in Charleston, South Carolina, including M.P.'s father, Reverend Clementa Pinckney. M.P., a minor, filed a lawsuit against Meta Platforms, Inc. (formerly Facebook, Inc.) and its subsidiaries, alleging that Facebook's algorithm recommended harmful content that radicalized Roof, leading to the murders. M.P. asserted claims of strict products liability, negligence, and negligent infliction of emotional distress under South Carolina law, as well as a federal claim under 42 U.S.C. § 1985(3) for conspiracy to deprive her of her civil rights.The United States District Court for the District of South Carolina dismissed M.P.'s complaint under Federal Rule of Civil Procedure 12(b)(6), concluding that Section 230 of the Communications Decency Act barred her state law tort claims. The court also found that M.P. failed to plausibly allege a claim under 42 U.S.C. § 1985(3).The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that M.P.'s state law tort claims were barred by Section 230 because they sought to hold Facebook liable as a publisher of third-party content. The court also determined that M.P. failed to plausibly allege proximate causation under South Carolina law, as her complaint did not provide sufficient factual foundation linking Roof's Facebook use to his crimes. Additionally, the court found that M.P. forfeited her challenge to the dismissal of her Section 1985 claim by not adequately addressing it in her appellate brief. The court also concluded that any potential claim under 42 U.S.C. § 1986 was barred by the one-year statute of limitations. Thus, the Fourth Circuit affirmed the district court's judgment granting Facebook's motion to dismiss. View "M.P. v. Meta Platforms Inc." on Justia Law

A minor, L.W., suffered severe injuries when an Audi Q7, allegedly defective, surged forward and crushed him against a garage wall. L.W., his mother, and two siblings filed a products liability suit against Audi AG and Volkswagen Group of America Inc. (VWGoA), claiming the vehicle lacked necessary safety features. Audi AG, a German company, manufactures vehicles sold in the U.S. through VWGoA, which markets and sells them to authorized dealerships, including in California.The Superior Court of Placer County granted Audi's motion to quash service of summons, finding no personal jurisdiction. The court concluded that plaintiffs failed to establish Audi's purposeful availment of California's market or a substantial connection between Audi's activities and the plaintiffs' injuries. The court also found that exercising jurisdiction would not be reasonable or consistent with fair play and substantial justice.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that Audi, through VWGoA, deliberately served the U.S. market, including California, and thus could reasonably anticipate being subject to suit in California. The court held that the plaintiffs met their burden of demonstrating Audi's purposeful availment and the relatedness of the controversy to Audi's contacts with California. The court also found that exercising jurisdiction over Audi would be fair and reasonable, given California's significant interest in providing a forum for its residents and enforcing safety regulations.The appellate court reversed the trial court's order granting the motion to quash and remanded the case with directions to enter a new order denying the motion. The plaintiffs were awarded their costs on appeal. View "L.W. v. Audi AG" on Justia Law

In 2019, Steven Watts, an automotive repair shop owner, was diagnosed with mesothelioma, a cancer caused by asbestos exposure. He and his wife, Cindy Watts, filed a lawsuit against 28 defendants, later adding eight more. By the time of trial, only one defendant, Pneumo Abex, LLC (Abex), a brake linings manufacturer, remained. The jury awarded the plaintiffs $2,943,653 in economic damages, $6.75 million in noneconomic damages, and $1 million for loss of consortium, attributing 60% fault to Abex, 25% to other brake manufacturers, and 15% to Watts.The trial court directed a verdict against Abex on its sophisticated user defense and made several rulings on the allocation of fault. Abex appealed, arguing for a new trial on all issues, particularly challenging the directed verdict on the sophisticated user defense and the allocation of fault.The California Court of Appeal, First Appellate District, Division Two, reviewed the case. The court found that the trial court erred in directing a verdict against Abex on the sophisticated user defense, as there was substantial evidence that Watts, as a trained mechanic and business owner, should have known about the dangers of asbestos. The court also found errors in the trial court's rulings on the allocation of fault, including the exclusion of joint compound manufacturers from the verdict form and the preclusion of Watts's interrogatory responses.The appellate court concluded that these errors warranted a new trial. The court reversed the September 15, 2022 judgment, the November 28, 2022 order, and the March 20, 2023 amended judgment, and remanded the case for a new trial. Abex was awarded its costs on appeal. View "Watts v. Pneumo Abex" on Justia Law

A group of city and county governments, Indian tribes, and other entities filed actions against opioid manufacturers, distributors, and pharmacies, alleging they misled medical professionals and the public, leading to widespread addiction. Two Ohio counties, Trumbull and Lake, claimed that national pharmaceutical chains, including Walgreens, CVS, and Walmart, contributed to the opioid epidemic by filling prescriptions without proper controls. They filed a common-law absolute public-nuisance claim seeking equitable relief.The United States District Court for the Northern District of Ohio denied the pharmacies' motion to dismiss, which argued that the Ohio Product Liability Act (OPLA) abrogated the public-nuisance claims. The court based its decision on a prior ruling in a related case, concluding that the OPLA did not abrogate public-nuisance claims seeking non-compensatory damages. After a jury verdict in favor of the counties, the pharmacies' motion for judgment as a matter of law was also denied. The pharmacies appealed, and the Sixth Circuit certified a question to the Supreme Court of Ohio regarding the OPLA's scope.The Supreme Court of Ohio held that the OPLA abrogates all common-law public-nuisance claims arising from the sale of a product, including those seeking equitable relief. The court determined that the statutory definition of "product liability claim" includes public-nuisance claims related to the design, manufacture, supply, marketing, distribution, promotion, advertising, labeling, or sale of a product. The court rejected the argument that the OPLA only abrogates claims seeking compensatory damages or involving defective products. The court concluded that the counties' claims, based on the pharmacies' dispensing of opioids, fall within the scope of the OPLA and are therefore abrogated. View "In re Natl. Prescription Opiate Litigation" on Justia Law

Following heavy snowfall in Pine Bluff, Arkansas, the roofs of several chicken houses at ten poultry farms collapsed. Norfolk & Dedham Mutual Fire Insurance Company, which insured the farms, sued Rogers Manufacturing Corporation, the manufacturer of the roof trusses used in the chicken houses, claiming strict product liability, negligence, and breach of warranties. Rogers moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Norfolk’s claims were barred by the Arkansas statute of repose.The United States District Court for the Eastern District of Arkansas agreed with Rogers and dismissed the complaint. Norfolk appealed the dismissal, arguing that the statute of repose did not apply to Rogers because the roof trusses were standardized goods, not custom-designed for the farms.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s dismissal de novo, accepting the allegations in the complaint as true and drawing all reasonable inferences in Norfolk’s favor. The court found that Norfolk’s complaint plausibly supported an inference that the roof trusses were standardized goods, which would not be covered by the Arkansas statute of repose. The court emphasized that at this early stage, the complaint should not be dismissed if it allows for a reasonable inference of liability.The Eighth Circuit reversed the district court’s dismissal of the complaint and remanded the case for further proceedings, noting that the facts and legal arguments could be further developed as the case progresses. View "Norfolk & Dedham Mutual Fire Insurance Company v. Rogers Manufacturing Corporation" on Justia Law

Sisters Nikki Mazzocchio and Angela Kraus filed a federal "public liability action" under the Price-Anderson Act (PAA) against several defendants, alleging that exposure to radioactive waste caused them to develop cancer. The waste had been handled by various entities over the years, including Mallinckrodt, Cotter Corporation, and Commonwealth Edison Company. The plaintiffs claimed negligence, negligence per se, strict liability, and civil conspiracy. The defendants moved to dismiss the complaint, arguing that federal law preempted the state-law claims because federal nuclear dosage regulations provide the exclusive standard of care in a public liability action. The district court denied the motions to dismiss, and the defendants appealed.The United States District Court for the Eastern District of Missouri denied the defendants' motions to dismiss, holding that the plaintiffs' state-law claims were not preempted by federal law. The court found that the plaintiffs had adequately pleaded their case under state tort law standards. The defendants then sought and were granted permission to appeal the decision.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The appellate court held that state tort law standards of care are not preempted by federal nuclear dosage regulations in a public liability action under the PAA. The court referenced the Supreme Court's decision in Silkwood v. Kerr-McGee Corp., which established that state tort law applies in cases involving nuclear incidents, despite the federal government's exclusive control over nuclear safety regulation. The court also noted that Congress, through the PAA's 1988 amendments, did not repudiate the role of state tort law in such cases. Therefore, the Eighth Circuit concluded that the district court correctly denied the defendants' motion to dismiss, allowing the plaintiffs' state-law claims to proceed. View "Mazzocchio v. Cotter Corporation" on Justia Law

Steven Watts, an automotive repair shop owner, was diagnosed with mesothelioma in 2019, a disease linked to asbestos exposure. He and his wife, Cindy Watts, filed a lawsuit against 28 defendants, later adding eight more. By the time of trial, only one defendant, Pneumo Abex, LLC (Abex), remained. The jury awarded the plaintiffs $2,943,653 in economic damages, $6.75 million in noneconomic damages, and $1 million for loss of consortium, attributing 60% fault to Abex, 25% to other brake manufacturers, and 15% to Watts.The trial court had granted a directed verdict against Abex on its sophisticated user defense, which argued that Watts, as a trained mechanic and business owner, should have known about the dangers of asbestos. The court also made several rulings affecting the allocation of fault, including refusing to include joint compound manufacturers on the verdict form and precluding Abex from using Watts’s interrogatory responses.The California Court of Appeal, First Appellate District, Division Two, reviewed the case. The court found that the trial court erred in directing the verdict against Abex on the sophisticated user defense, as there was substantial evidence that Watts should have known about the asbestos risks. The court also found errors in the trial court’s rulings on the allocation of fault, including the exclusion of joint compound manufacturers from the verdict form and the preclusion of Watts’s interrogatory responses.The appellate court reversed the trial court’s judgment and remanded the case for a new trial, allowing Abex to present its sophisticated user defense and addressing the allocation of fault issues. The court also upheld the trial court’s discretion in allocating pretrial settlements but found that the overall handling of the case warranted a new trial. View "Watts v. Pneumo Abex" on Justia Law

The petitioner, Rafael Antonio Mena Chavez, filed a lawsuit under the false name "Sergio Balboa" after sustaining injuries while working for Southern Recycling, LLC. Chavez used the alias to obtain employment and continued using it when seeking medical attention and workers' compensation benefits. He later filed a lawsuit against Metso Minerals Industries, Inc., alleging product liability and negligence. Southern Recycling and other intervenors joined the suit, claiming they had paid substantial workers' compensation benefits to "Sergio Balboa."The Orleans Civil District Court denied Metso's motion to dismiss the case, despite Metso's argument that Chavez's use of a false identity undermined the judicial process. The court found no fraud or willful deception at that stage and allowed the case to proceed. Metso's subsequent writ to the Louisiana Court of Appeal, Fourth Circuit, was also denied. Metso then sought relief from the Louisiana Supreme Court.The Louisiana Supreme Court reversed the lower courts' decisions, holding that courts have inherent authority to dismiss an action with prejudice when a petitioner’s conduct undermines the integrity of the judicial process. The court found that Chavez's prolonged use of a false identity was a calculated deception that harmed the judicial system and the defendants. The court dismissed Chavez's petition with prejudice and remanded the case to the trial court to determine whether the intervenors' petition survives the dismissal of Chavez's petition. View "CHAVEZ VS. METSO MINERALS INDUSTRIES, INC." on Justia Law