Appellate Division, Fourth Department – Products Liability – Substantial Alteration – Special Employment   Verost v. Mitsubishi Caterpillar Forklift America, et al. CA 13-02002 Appealed from Supreme Court, Niagara County   Background: The plaintiff and his wife commenced an action ...

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U.S. District Court, WDNY – Products Liability – Substantial Modification – Safety Device Designed to Be Removed   Guard Insurance Group Inc. v. Techtronic Industries 11-cv-6254L Judge Larimer   Background: The plaintiff, the worker’s compensation insurer of the defendants, commenced ...

Tagged with: products liability U.S. District Court WDNY

Appellate Division, Fourth Department Products Liability Costs of Litigation — Indemnification Beigelow v. General Electric Company, et al. CA 13-02212 Appealed from Supreme Court, Genesee County Background: In 2005, the plaintiff’s decedent was injured in a fire in his mobile ...

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U.S. Court of Appeals for the Second Circuit Products Liability — MTBEs in Gasoline Clean Air Act Preemption — Standing In re. MTBE Prods. Liability Litig. 10-4135-cv(L); 10-4329-cv (XAP) Judges Parker, Hall and Carney Background: After a lengthy trial, the ...

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Appellate Division, Fourth Department Products Liability Defect — Express Warranties Strzelczyk v. Palumbo CA 12-01159 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action after sustaining injuries in an accident caused by an alleged defect in the ...

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Appellate Division, Fourth Department Products Liability Foreseeable Misuse — Normal Use Hoover v. New Holland North America Inc, et al. CA 12-00002 Appealed from Supreme Court, Niagara County Background: CNH America LLC and Niagara Frontier Equipment Sales Inc. appealed from ...

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U.S. Court of Appeals for the Second Circuit Products Liability— Class Actions Tolling Statute of Limitations — Virginia Law Casey v. Merck & Co. 10-1137-cv(L) Judges Sack, Livingston and Lohier   Background: The plaintiffs appealed from the district court’s grant of ...

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Appellate Division, Fourth Department Products Liability Warranty of Fitness — Employee’s Uniforms Johnson v. Unifirst Corporation CA 11-01016 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained while working as a ...

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Appellate Division, Fourth Department Products Liability — Foreseeable Use Damages — Future Potential Children Barnhard v. Cybex International Inc. CA 11-00893 Appealed from Supreme Court, Erie County Background: The plaintiff brought an action seeking damages after an exercise machine tipped ...

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U.S. Court of Appeals for the Second Circuit Products Liability Stream of Commerce — Causation Emslie et al v. Borg-Warner Auto et al. 10-2285-cv Judges Jacobs, Leval and Katzmann Background: The plaintiffs appealed from the dismissal of their products liability ...

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U.S. Court of Appeals for the Second Circuit Products Liability Proximate Cause — Expert Testimony Brown v. Eli Lilly & Co. 10-512-cv Judges Miner, Walker and Wesley Background: The plaintiff, as the personal representative of the estate of Dorothy Brown, ...

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U.S. District Court, WDNY Products Liability Specific Identity of the Product Coene v. 3M Company, et al. 10-CV-6132 Judge Siragusa Background: The plaintiffs claim that they developed silicosis after being exposed to “powder coatings” manufactured by Potters Industries Inc. and ...

Tagged with: products liability U.S. District Court WDNY