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Description Date Docket #

NEMIR v. MITSUBISHI

United States Sixth Circuit
Injury & Tort Law, Product Liability
Jury verdict against plaintiff's claim of products liability is reversed where the district court erred 1) by refusing to instruct the jury about...
08/20/2004 02-1780, 03-1228

FIRST NATIONAL BANK AND TRUST v. AM. EUROCPOTER CORP.

United States Seventh Circuit
Injury & Tort Law, Product Liability
In a wrongful death case, the district court's grant of summary judgment in favor of defendant is affirmed where defendant is not liable as a matter...
08/09/2004 02-2274

HORN v. THORATEC

United States Third Circuit
Injury & Tort Law, Product Liability
The Court affirmed summary judgment for defendants, finding that plaintiff's state common law claims were premepted by the Food Drug and Cosmetic Act,...
07/20/2004 02-4597

SWIX v. DAISY MFG CO.

United States Sixth Circuit
Injury & Tort Law, Product Liability
Court reversed defendant's motion to dismiss because the questions of whether a BB gun was defectively designed as to be unreasonably dangerous and...
06/23/2004 02-2154

OKEN v. THE MONSANTO CO.

United States Eleventh Circuit
Agriculture, Product Liability
Federal Law expressly preempts state law claims in personal injury actions caused by pesticides to the extend that the claims are based on inadequate...
06/04/2004 02-15943

HARRELL v. MADISON COUNTY

United States Eighth Circuit
Injury & Tort Law, Product Liability
Instructions provided in product liability case were erroneous as they permitted the jury to premise liability on factually unsupported theories -...
06/04/2004 03-2494

EHLIS v. SHIRE RICHWOOD, INC.

United States Eighth Circuit
Drugs & Biotech, Injury & Tort Law, Product Liability
District court properly ruled North Dakota would adopt the "learned intermediary" doctrine, and that application of the doctrine barred plaintiffs'...
05/18/2004 02-3933, 03-1057

CUMMINGS v. GEN. MOTORS CORP.

United States Tenth Circuit
Injury & Tort Law, Product Liability
Jury verdict finding defendant not liable for any design defect or failure to warn is affirmed. Plaintiffs' FRCP rule 60(b) motion for relief was...
04/28/2004 02-6340, 03-6209

WHITELEY v. PHILIP MORRIS INC.

California Court of Appeal
Injury & Tort Law, Product Liability
Tobacco litigation verdict was likely prejudicially affected by an erroneous refusal to instruct the jury that it could not base liability on...
04/07/2004 A091444

GOODRIDGE v. HYSTER CO.

Supreme Court of Delaware
Evidence, Injury & Tort Law, Product Liability
Trial judge properly ruled that plaintiff's sole expert witness was not qualified to offer an opinion about forklift design, and that his proffered...
04/02/2004 268,2003

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