Justia Civil Procedure Opinion Summaries

Numerous plaintiffs filed a wrongful death action under section 6-5-410, Ala. Code 1975, against Continental Motors, Inc. ("CMI"), and RAM Aircraft, LP ("RAM"), among others, on behalf of the heirs of Mark Goldstein, Marjorie Gonzalez, and Luis Angel Lopez Barillas (collectively, "the decedents"). On March 10, 2010, the decedents died in an airplane crash in Tegucigalpa, Honduras. The crash was allegedly a result of a defective starter-adapter assembly that had been manufactured by CMI and/or the failure of the airplane's engine, which had been refurbished by RAM. Mark and Marjorie were citizens and residents of Honduras; Luis was a citizen and resident of Guatemala. The administration of each of the decedents' estates was conducted in their respective countries of citizenship and residence. CMI and RAM filed motions for a summary judgment arguing that none of the plaintiffs was a personal representative of the decedents and, thus, that plaintiffs lacked the authority to pursue the wrongful-death claims. The circuit court denied CMI's and RAM's summary-judgment motions. CMI and RAM separately petitioned the Alabama Supreme Court for a writ of mandamus directing the circuit court to set aside its orders denying their summary judgment motions and to enter an order granting their summary judgment motions, thereby dismissing the plaintiffs' wrongful death action for lack of subject-matter jurisdiction. The Alabama Court granted CMI's and RAM's petitions in part and denied them in part. The Court concluded CMI and RAM failed to demonstrate the administrator-plaintiffs were without authority to pursue a wrongful-death claim on behalf of Mark's heirs. Therefore, in this regard, the Supreme Court denied CMI's and RAM's petitions for a writ of mandamus. The Supreme Court also concluded CMI and RAM demonstrated that none of the plaintiffs were personal representatives of Marjorie's or Luis's estate and, thus, lacked authority to pursue a wrongful-death claim on behalf of Marjorie's or Luis's heirs. Accordingly, the circuit court lacked subject-matter jurisdiction over the wrongful-death claims brought on behalf of Marjorie's and Luis's heirs, and CMI and RAM were entitled to have their summary-judgment motions granted in that respect and to have those claims dismissed for lack of subject-matter jurisdiction. Therefore, in this regard, the Supreme Court granted CMI's and RAM's petitions for a writ of mandamus and ordered the circuit court to grant CMI's and RAM's summary-judgment motions, and dismissed the wrongful-death claims asserted by the heirs of Marjorie and Luis. View "Ex parte Continental Motors, Inc." on Justia Law

Plaintiffs Steven and Jane Iliades brought a products-liability action against Dieffenbacher North America Inc., alleging negligence, gross negligence, and breach of warranty after plaintiff was injured by a rubber molding press defendant manufactured. Plaintiff was injured when he attempted to retrieve parts that had fallen to the floor inside the press by reaching behind the light curtain without first placing the press into manual mode. Because of plaintiff’s position behind the light curtain, the light curtain was not interrupted, the press resumed its automatic operation, and plaintiff was trapped between the two plates of the press. The trial court granted summary disposition to defendant, ruling that plaintiff had misused the press given the evidence that he had been trained not to reach into the press while it was in automatic mode, knew how to place the press into manual mode, knew that the light curtain was not meant to be used as an emergency stop switch, and knew that the press would automatically begin its cycle if the light curtain was no longer interrupted. The court further ruled that plaintiff’s misuse was not reasonably foreseeable because plaintiff had not presented any evidence that defendant could have foreseen that a trained press operator would crawl beyond a light curtain and partially inside a press to retrieve a part without first disengaging the press. The Court of Appeals reversed and remanded in an unpublished per curiam opinion, holding that, regardless of whether plaintiff had misused the press, defendant could be held liable because plaintiff’s conduct was reasonably foreseeable. The Michigan Supreme Court determined that whether the misuse was reasonably foreseeable depended on whether defendant knew or should have known of the misuse, not on whether plaintiff was grossly negligent in operating the press. Because the majority of the Court of Appeals did not decide whether and how plaintiff misused the press, and because it did not apply the common-law meaning of reasonable foreseeability, the Supreme Court reversed the Court of Appeals and remanded for reconsideration of summary judgment entered in defendant’s favor. View "Iliades v. Dieffenbacher North America, Inc." on Justia Law

The Fourth Circuit Court of Appeals certified a question of South Carolina law to the South Carolina Supreme Court. Sarah Hartsock was killed in an automobile crash on Interstate 26 in Calhoun County, South Carolina. Her personal representative, Theodore Hartsock, Jr., brought a survival and wrongful death action asserting claims under South Carolina law for negligence, strict liability, and breach of warranty. Hartsock alleged that the vehicle in which Mrs. Hartsock was riding was struck head-on by another vehicle. That vehicle had crossed the median after suffering a blowout of an allegedly defective tire that Goodyear Dunlop Tires North America Ltd. and Goodyear Tire & Rubber Company [collectively "Goodyear"] designed, manufactured, and marketed. The federal court had subject-matter jurisdiction based upon complete diversity of citizenship between the parties and damages alleged to be greater than $75,000. During pretrial discovery a dispute arose between the parties over certain Goodyear material relating to the design and chemical composition of the allegedly defective tire. Goodyear objected to producing this material, asserting that it constituted trade secrets. The district court eventually found, and Hartsock did not dispute, that the material did, in fact, constitute trade secrets. However, the court ordered Goodyear to produce the material subject to a confidentiality order. In doing so, the court applied federal discovery standards, rejecting Goodyear's contention that South Carolina trade secret law applied. The federal appellate court asked the South Carolina Supreme Court whether South Carolina recognized an evidentiary privilege for trade secrets. The South Carolina Court responded yes, but that it was a qualified privilege. View "Hartsock v. Goodyear" on Justia Law

In 2012, Bryan Harrell was driving his pickup truck at more than 50 miles per hour when he rear-ended the 1999 Jeep in which four-year-old Remington Walden was a rear-seat passenger, with his aunt behind the wheel. The impact left Harrell and Remington’s aunt unhurt, but fractured Remington’s femur. The impact also caused the Jeep’s rear-mounted gas tank to rupture and catch fire. Remington burned to death trying to escape; he lived for up to a minute as he burned, and witnesses heard him screaming. Remington’s parents (“Appellees”) sued both Chrysler and Harrell for wrongful death. At trial, in March and April of 2015, Appellees challenged the Jeep’s vehicle design, arguing that Chrysler should not have used a rear-mounted fuel tank. When questioning Chrysler Chief Operating Officer Mark Chernoby at trial, Appellees’ counsel asked about the CEO’s salary, bonus, and benefits; Marchionne himself was never questioned about his income and benefits. The trial court overruled Chrysler’s repeated relevance and wealth-of-a-party objections to this line of questioning. Appellees’ counsel referenced Marchionne’s compensation testimony again in closing, arguing, “what [Chrysler’s counsel] said Remi’s life was worth, Marchionne made 43 times as much in one year.” The jury determined that Chrysler acted with a reckless or wanton disregard for human life and failed to warn of the hazard that killed Remington. In affirming the trial court, the Court of Appeal discussed admission of CEO compensation, holding “evidence of a witness’s relationship to a party is always admissible” and that the CEO’s compensation “made the existence of [the CEO’s] bias in favor of Chrysler more probable.” The Georgia Supreme Court held not that compensation evidence is always admissible to show the bias of an employee witness, or that it is never admissible, but that such evidence is subject to the Rule 403 analysis weighing the evidence’s unfair prejudice against its probative value. Because Chrysler did not raise a Rule 403 objection to the compensation evidence at issue in this appeal, the Supreme Court considered the question not under the ordinary abuse-of-discretion standard, but as a question of plain error. The Court concluded that under the particular circumstances of this case, it could not say that the prejudicial effect of the evidence so far outweighed its probative value that its admission was clear and obvious reversible error. Accordingly, although the Supreme Court disagreed with the rationale of the Court of Appeals, it ultimately affirmed its judgment. View "Chrysler Group, LLC v. Walden" on Justia Law

The Georgia Supreme Court granted a writ of certiorari to determine whether the Court of Appeals in the preceding case, Cooper Tire & Rubber Company v. Koch, 793 SE2d 564 (2016), properly articulated the legal standard for when a plaintiff’s duty to preserve evidence begins and properly applied that standard to the facts of this case. Like a defendant’s duty, a plaintiff’s duty to preserve relevant evidence in her control arises when that party actually anticipates or reasonably should anticipate litigation. Because the Court of Appeals appropriately identified and applied this standard, as did the trial court, the Supreme Court affirmed. View "Cooper Tire & Rubber Co. v. Koch" on Justia Law

Petitioner Apple, Inc. (Apple) is the defendant in a putative class action filed by plaintiffs and real parties in interest Anthony Shamrell and Daryl Rysdyk. In their operative complaint, plaintiffs alleged that Apple's iPhone 4, 4S, and 5 smartphones were sold with a defective power button that began to work intermittently or fail entirely during the life of the phones. Plaintiffs alleged Apple knew of the power button defects based on prerelease testing and postrelease field failure analyses, yet Apple began selling the phones and continued to sell the phones notwithstanding the defect. The trial court granted plaintiffs' motion for class certification but expressly refused to apply Sargon Enterprises, Inc. v. University of Southern California, 55 Cal.4th 747 (2012) to the declarations submitted by plaintiffs' experts. The trial court believed it was not required to assess the soundness of the experts' materials and methodologies at this stage of the litigation. The Court of Appeals determined that belief was in error, and a prejudicial error. “Sargon applies to expert opinion evidence submitted in connection with a motion for class certification. A trial court may consider only admissible expert opinion evidence on class certification, and there is only one standard for admissibility of expert opinion evidence in California. Sargon describes that standard.” The Court of Appeal directed the trial court to vacate its order granting plaintiffs' motion for class certification and reconsider the motion under the governing legal standards, including Sargon. View "Apple Inc. v. Superior Court" on Justia Law

Petitioner Apple, Inc. (Apple) is the defendant in a putative class action filed by plaintiffs and real parties in interest Anthony Shamrell and Daryl Rysdyk. In their operative complaint, plaintiffs alleged that Apple's iPhone 4, 4S, and 5 smartphones were sold with a defective power button that began to work intermittently or fail entirely during the life of the phones. Plaintiffs alleged Apple knew of the power button defects based on prerelease testing and postrelease field failure analyses, yet Apple began selling the phones and continued to sell the phones notwithstanding the defect. The trial court granted plaintiffs' motion for class certification but expressly refused to apply Sargon Enterprises, Inc. v. University of Southern California, 55 Cal.4th 747 (2012) to the declarations submitted by plaintiffs' experts. The trial court believed it was not required to assess the soundness of the experts' materials and methodologies at this stage of the litigation. The Court of Appeals determined that belief was in error, and a prejudicial error. “Sargon applies to expert opinion evidence submitted in connection with a motion for class certification. A trial court may consider only admissible expert opinion evidence on class certification, and there is only one standard for admissibility of expert opinion evidence in California. Sargon describes that standard.” The Court of Appeal directed the trial court to vacate its order granting plaintiffs' motion for class certification and reconsider the motion under the governing legal standards, including Sargon. View "Apple Inc. v. Superior Court" on Justia Law

Testosterone replacement drugs have been FDA-approved prescription drugs for more than 60 years. In recent years, manufacturers have found a new market: older men. Numerous lawsuits were filed against manufacturers alleging that the drugs increase health risks. Cases alleging that the manufacturers failed to warn doctors and patients adequately about the risks, citing state product-liability laws, were consolidated for pretrial proceedings. The district court granted a motion to dismiss brought by Depo-T’s manufacturer, finding the failure-to-warn claims preempted by federal law. The court stated that DepoT’s manufacturers could not change their drug labels to add warnings because FDA regulations prohibit them from “making a unilateral labeling change.” The Seventh Circuit affirmed. In Wyeth v. Levine, the Supreme Court held that claims against a manufacturer of a brand-name prescription drug for failure to warn adequately of the drug’s dangers were not preempted by federal law.; in PLIVA v. Mensing, the Court held that such failure-to-warn claims against manufacturers of generic drugs are preempted. The Court cited the different regulatory requirements and processes for approving and labeling prescription drugs. Depo-T “does not fit neatly into the colloquial dichotomy between brand-name and generic drugs” so the Seventh Circuit focused on whether the FDA approved public sale of its drugs through the “new drug application” or through the “abbreviated new drug application” (ANDA) and stated that the FDA-approved label defines an ANDA holder’s duty of sameness and the lines of federal preemption. View "Guilbeau v. Pfizer Inc." on Justia Law

Turley sued multiple defendants, alleging that he has an asbestos-related disease caused by exposure to asbestos-containing products, including valve gaskets, during his 36-year employment at PG&E. Interrogatory responses stated that Turley was exposed to asbestos-containing pipe products supplied by Familian, including “asbestos cement transite pipe, pipe collars, gaskets, elbows, pipe-repair products and other asbestos products.” Familian moved for summary judgment. arguing that plaintiffs could not show exposure to asbestos in a Familian-related product. Turley submitted a declaration from a third-party witness, Scott, who had not been deposed. The court allowed Scott to be deposed. Familian used portions of the deposition in its reply. The court concluded that the deposition testimony “conclusively negates” Scott’s declaration testimony as to exposure, refused to consider it, and granted summary judgment. The court of appeal reversed, stating that ambiguity in the evidence should be resolved at trial. Scott’s testimony established that Familian-supplied asbestos-containing gaskets were frequently used at Turley’s worksite and that Turley used them. That Familian was not the only supplier did not warrant the conclusion that Turley did not establish exposure. There was no direct contradiction between Scott’s declaration and his deposition testimony with respect to several areas, so his testimony should not have been disregarded. View "Turley v. Familian Corp." on Justia Law

In June 2012, plaintiff-appellant Allen Krizhner leased a Mercedes-Benz from defendant Mercedes-Benz USA, LLC for personal use. The complaint alleged the car came with an express written warranty covering repairs for any defects. During the warranty period, the car allegedly exhibited a variety of defects which caused the navigation system and key fob to malfunction, the steering column adjustment mechanism and power seats to be inoperative, the coolant level warning light to illuminate, and smoke to emanate from the cigarette lighter. After bringing the issues to defendant’s attention, and frustrated with defendant’s supposed failure to abide by its warranty obligations, plaintiff filed suit under the Song-Beverly Consumer Warranty Act. Plaintiff accepted an offer of compromise pursuant to Code of Civil Procedure section 998, including a restitution provision identical to Civil Code section 1793.2 (d)(2)(B). The court awarded plaintiff over $47,000 in accordance with the 998 offer. Plaintiff appealed, arguing the trial court erred because it denied him recovery of approximately $680 in vehicle registration renewal and certificate of nonoperation fees which he incurred in the years after he first leased the car. The Court of Appeal concluded the court properly determined section 1793.2(b)(2)(B) did not require payment of vehicle registration renewal fees and related costs incurred after the initial purchase or lease. View "Kirzhner v. Mercedes-Benz USA, LLC" on Justia Law