Justia Civil Procedure Opinion Summaries

Hamer underwent open-heart surgery using LivaNova’s 3T Heater-Cooler System. He developed an infection in the incision, which his physicians suspected stemmed from a non-tuberculosis mycobacterium (NTM). The hospital had experienced an outbreak of NTM infections in other patients who had undergone surgery using the 3T System. Hamer’s treatment team never isolated NTM from any of the swabs or cultures. Hamer, alleging that his treatment caused him lasting injuries, filed suit under the Louisiana Products Liability Act (LPLA) for failure to warn and inadequate design.Hamer’s case was transferred to Multidistrict Litigation case 2816, along with other cases alleging damages from the NTM infection caused by the 3T System. Case Management Order 15 (CMO 15) required plaintiffs to show “proof of NTM infection” through “positive bacterial culture results.” Hamer did not comply but opposed dismissal, claiming he had stated a prima facie claim under Louisiana law and sought remand.The Third Circuit reversed the dismissal. The court could have dismissed Hamer’s claims without prejudice, could have suggested remand, or could have dismissed Hamer’s claims with prejudice, if it found that Hamer had not stated a prima facie case under Louisiana law. .Under the LPLA, Hamer’s facts might state a prima facie case for defective design. Hamer’s allegations may diverge from those of other cases in MDL 2816 in which an NTM infection was verified but stating alternative theories of liability cannot justify foreclosing his claims. View "Hamer v. LivaNova Deutschland GMBH" on Justia Law

Two cases consolidated for the Mississippi Supreme Court's review presented common questions of the validity of a cause of action brought by the Mississippi Attorney General under the Mississippi Consumer Protection Act, Mississippi Code Section 75-24-5. The first was whether the Act covered the State’s claim, and the second was whether that claim was preempted by federal law. In 2014, the State commenced an action against Johnson & Johnson for what it alleged to have been unlawful, unfair, and deceptive business practices related to its cosmetic talcum powder products. Specifically, the State alleged that Johnson & Johnson failed to warn of the risk of ovarian cancer in women who used talc. The Chancery Court denied the summary judgment motion made by Johnson & Johnson and Johnson & Johnson Consumer, Inc. Johnson & Johnson then filed an interlocutory appeal of the chancellor’s decision, which the Supreme Court granted. The Court concluded the Act did not exclude the State's talc labeling claim. Further, because of the lack of any specific requirement by the Food and Drug Administration, the State’s claim was not barred by the principles of express or implied preemption. Therefore, the judgment of the Chancery Court was affirmed, and the case was remanded for further proceedings. View "Johnson & Johnson Consumer Companies, Inc. v. Fitch" on Justia Law

Daimler-Benz AG acquired Freightliner Corporation (Freightliner) from Consolidated Freightways (now Con-Way) in 1981. As part of the transaction, it liquidated Freightliner’s assets and liabilities into a subsidiary, Daimler Trucks North America LLC (Daimler). Between 1952 and 1982, Freightliner and then Daimler had engaged in business activities, primarily the manufacture of trucks, that subsequently led to several environmental remediation proceedings, including claims related to the Portland Harbor Superfund cleanup, and to some 1,500 asbestos personal injury claims. Plaintiffs Allianz Global Risk US Insurance and Allianz Underwriters Insurance Company (Allianz) insured Freightliner in 1981 and Daimler from 1981 to 1986 through a general commercial liability insurance policy. Daimler also purchased from Allianz another policy to provide coverage for future claims that might be made against Freightliner based on its past operations that were “incurred but not yet reported.” By the time it filed the operative complaint in this action in 2014, Allianz had spent more than $24 million defending and paying environmental and asbestos claims against Daimler and the now-dissolved Freightliner arising from Freightliner’s business operations between 1952 and 1982. In this litigation, Allianz sought contribution for the payments it has made and will make in the future based on those environmental and asbestos claims from insurance companies that insured Freightliner -- either directly or through its parent, Con-Way -- from 1976 to 1982. The Oregon Supreme Court reversed the Court of Appeals' holding that Daimler did not assume the contingent liabilities of Freightliner (including the liabilities at issue here) and affirmed the jury verdict on that issue. On Allianz's appeal, the Supreme Court agreed that the trial court erred in submitting to the jury the question of whether, because of side agreements between Con-Way/Freightliner and the insurers, those insurers had a "duty to defend or indemnify Freightliner" -- that question was to be decided by the trial court as a matter of law based on the relevant policies. As to the "London pollution exclusion", the Supreme Court agreed with Allianz that it was error for the trial court not to provide a legal interpretation of a key provision in the policy as part of the jury instructions. The Court also concluded that the jury instructions regarding the London pollution exclusion should be similar to those regarding the Domestic exclusion. The decision of the Court of Appeals was reversed. The limited judgments of the trial court were affirmed in part and reversed in part, and the case was remanded to the trial court for further proceedings. View "Allianz Global Risks v. ACE Property & Casualty Ins. Co." on Justia Law

Sterling purchased the Loader new in 2008 from a dealership; it was equipped with a 62-inch bucket and components that increased the Loader’s rated operating capacity (ROC—maximum load) to 1,420 lbs. Kirk regularly used the Loader to scoop up material and move it up a concrete ramp with an approximate 30-degree incline. Kirk claims that on May 12, 2015, while going up the ramp, the Loader began to wobble and tip forward as he raised its lift arms. In an effort to stabilize himself, Kirk braced his foot on the console. His foot slipped out of the cab and he brought the lift-arm down on it. Kirk suffered a permanent leg disability, loss of his job, and medical expenses totaling $433,000.In a strict liability claim against the Loader’s manufacturer, Clark, Kirk’s only expert witness, Pacheco, opined that the Loader was “unreasonably dangerous for its intended and foreseeable use” and that its “design providing for the use of the [62-inch] bucket … made it highly likely" that the bucket would be loaded in excess of"the ROC. The district court granted Clark summary judgment, concluding that Pacheco’s opinions did not meet the Rule 702 and “Daubert” standards. The Seventh Circuit affirmed. A court’s determination that an expert possesses the requisite qualifications does not, alone, provide a sufficient basis for admissibility. The court acted within its discretion in finding Pacheco's evidence in support of his opinion unreliable. Pacheco's causation opinion rested on speculation that the weight of the load exceeded the ROC but Pacheco did not know the weight of the load at the time of the accident. View "Kirk v. Clark Equipment Co." on Justia Law

On November 5, 2010, James Nix poured kerosene from a gasoline can onto a burn pile in his yard. The kerosene ignited, and the flame entered the gas can through its unguarded pour spout. The gas can exploded and sprayed kerosene and fire onto Nix's five-year-old son Jacob, who was standing only a few yards away. Jacob suffered severe burn injuries to over 50% of his skin and was permanently scarred. Blitz U.S.A., Inc. manufactured the gas can. Blitz distributed the gas can involved in Jacob's injury through Fred's, a retail store chain headquartered in Tennessee. Fred's sold the gas can to a consumer at its store in the town of Varnville, in Hampton County, South Carolina. The explosion and fire that burned Jacob occurred at Nix's home in Hampton County, South Carolina. In 2013, Jacob's aunt Alice Hazel, his legal guardian, and Jacob's mother Melinda Cook, filed separate but almost identical lawsuits in state court in Hampton County seeking damages for Jacob's injuries. Both plaintiffs asserted claims against Blitz on strict liability, breach of warranty, and negligence theories. Both plaintiffs asserted claims against Fred's for strict liability and breach of warranty based on the sale of the allegedly defective gas can. Both plaintiffs also asserted a claim against Fred's on a negligence theory based only on Fred's negligence, not based on the negligence of Blitz. This is the claim important to this appeal, referred to as "Hazel's claim." Petitioner Fred's Stores of Tennessee, Inc. contended the circuit court erred by refusing to enjoin these lawsuits under the terms of a bankruptcy court order and injunction entered in the bankruptcy proceedings of Blitz U.S.A., Inc. The South Carolina Supreme Court found the circuit court correctly determined the bankruptcy court's order and injunction did not protect Fred's from these lawsuits. The matter was remanded back to the circuit court for discovery and trial. View "Hazel v. Blitz U.S.A., Inc." on Justia Law

In 2013, a refinery unit (“Unit”) at the Sinclair Wyoming Refinery Co. (“Sinclair”) in Sinclair, Wyoming caught fire and exploded because its “FV-241” control valve fractured and released flammable hydrogen gas. A high temperature hydrogen attack (“HTHA”) weakened the valve and caused the fracture. FV-241 was made from carbon steel, which was more susceptible to HTHA than stainless steel. Sinclair had purchased the Unit in 2004. Sinclair moved the Unit from California to Wyoming and converted it from its previous use to a hydrotreater, a refinery unit that introduced hydrogen to remove impurities from the product stream. Sinclair contracted the design, engineering, and construction work to other companies. During the moving and conversion process, FV-241 was remanufactured and installed on the Unit. Sinclair brought a diversity action against seven companies involved in dismantling the Unit, converting it to a hydrotreater, rebuilding it in Wyoming, and remanufacturing and installing FV-241. Sinclair alleged various contract and tort claims. The district court granted several motions to dismiss and motions for summary judgment that eliminated all of Sinclair’s claims. The court also entered summary judgment in favor of certain Defendants’ indemnity counterclaim. Although its analysis diverged from the district court's judgment in some respects, the Tenth Circuit affirmed orders dismissing or granting summary judgment on all of Sinclair's claims, and granting summary judgment on the indemnity counter claim. View "Sinclair Wyoming Refining v. A & B Builders" on Justia Law

Plaintiffs Amber Brooks and Jamie Gale brought tort claims based on injuries they sustained when their breast implants began to deteriorate. The district court found they failed to state a claim upon which relief could be granted, and dismissed their complaint with prejudice. Plaintiffs appealed, arguing that though Congress heavily regulated the production and use of medical devices, there was a narrow preemption by which plaintiffs could plead their claim arising from the failure of that medical device. They also alleged the district court abused its discretion by denying their motion for leave to amend their complaint. The Tenth Circuit agreed with the district court that federal law preempted all of plaintiffs' claims, and any any state-law claims were insufficiently pled. With respect to the trial court's dismissal of plaintiffs' complaint with prejudice, the Tenth Circuit determined plaintiffs elected to "stand by their 'primary position,' and took no available avenue to amend their complaint. Therefore, the Tenth Circuit declined to grant their request now, and found the trial court did not abuse its discretion in denying Plaintiffs' request for leave to amend. View "Brooks v. Mentor Worldwide" on Justia Law

Plaintiffs-Appellants worked on banana plantations in Costa Rica, Ecuador, and Panama. They sued the plantations in Delaware in 2012, claiming that while working on the plantations they suffered personal injuries from a pesticide known as 1, 2, Dibromo 3, Chloropropane (“DBCP”). Defendants-Appellees were numerous companies alleged to have caused the Plaintiffs’ exposure to DBCP and their resulting injuries. In 2013 the Superior Court dismissed the Plaintiffs’ complaint under what was sometimes referred to as Delaware’s McWane doctrine (the “Dismissal Order”). On December 31, 2018 Plaintiffs moved to vacate the Dismissal Order under Superior Court Civil Rule 60(b)(6). The Superior Court denied the Plaintiffs’ motion, finding that the motion was untimely and Plaintiffs failed to show extraordinary circumstances for vacating the judgment. Plaintiffs have appealed that order to the Delaware Supreme Court. Finding no reversible error, however, the Supreme Court affirmed the district court. View "Chaverri et al. v. Dole Food Company, et al." on Justia Law

In 2003, Clabo underwent surgery to correct pelvic organ prolapse and urinary incontinence. Clabo’s doctor implanted her with a TVT transvaginal mesh sling device that the Defendants manufactured. By 2006, she began experiencing pelvic pain, urinary issues, scarring, and pain during sexual intercourse. After being notified by her doctor that the mesh from her device had eroded through her vaginal canal, Clabo had a procedure in April 2006 to remove the TVT implant. A month later, Clabo had surgery to implant a mesh sling similar to the one she had removed. In 2011, Clabo had another surgery to have pieces of her second implant removed and other parts repaired, again due to mesh erosion. Clabo alleges that it was not until July 2012 that she finally realized, after speaking with a physician-friend, that the TVT mesh product was the likely cause of her persistent pain and suffering.In May 2013, Clabo filed suit under the Tennessee Products Liability Act. The court dismissed Clabo’s claims as barred by Tennessee’s statute of repose, which prohibits product liability claims brought more than six years after the date of the injury that gave rise to the suit, finding that Clabo’s initial injury occurred during 2006. The Sixth Circuit affirmed; the record demonstrates that Clabo’s injuries occurred outside of the statute of repose period. View "Clabo v. Johnson & Johnson Health Care Systems, Inc." on Justia Law

Law firm Petway Olsen, LLC, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to set aside its order granting the motion filed by Mercedes-Benz USA, LLC ("MBUSA"), seeking to disqualify the firm from representing the plaintiffs in the underlying case and to enter an order allowing the firm to represent the plaintiffs. In 2017, Valisha Cartwell was driving a 1998 Mercedes ML320. As she was pulling into a parking space in front a dental office operated by Vital Smiles Alabama, P.C., the vehicle suddenly accelerated and crashed into the front of the dental office, killing a six-year-old child and injuring others. Grelinda Lee, as personal representative of the child's estate, sued Cartwell and the owner of the Mercedes ML320 (and other fictitiously named defendants) for wrongful death. An amended complaint added Mercedes-Benz USA, LLC. The second amended complaint was signed by D. Bruce Petway of Petway Olsen and included the names of other attorneys with different law firms who were also representing the plaintiffs. Both Mercedes-Benz U.S. International, Inc. ("MBUSI") and MBUSA asserted as a defense that Petway Olsen was "disqualified [from representing the plaintiffs] because one of its members [was] a former in-house attorney and general counsel for MBUSI." After review, the Supreme Court determined the trial court erred when it granted MBUSA's motion to disqualify Petway Olsen from representing the plaintiffs. The petition for mandamus relief was granted and the trial court directed to vacate its previous order granting MBUSA's motion. View "Ex parte Petway Olsen, LLC." on Justia Law