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Tag Archives: Product Liability

Tort/Negligence – Product Liability – Homeowners Insurance – Subrogation – Punitive Damages – First Impression – Joinder – Dryer Fires (access required)

Allstate Insurance Co. v. Electrolux Home Products, Inc. (Lawyers Weekly No. 002-139-17, 12 pp.) (R. Bryan Harwell, J.) 4:16-cv-03666; D.S.C. Holding: The court predicts that the South Carolina Supreme Court would hold that punitive damages are not available to insurance ...

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Tort/Negligence – Product Liability – Hip Replacement – Civil Practice – Pleadings – Complaint Amendment (access required)

Stieglitz v. Stryker Corp. (Lawyers Weekly No. 002-003-16, 9 pp.) (Patrick Michael Duffy, J.) 2:15-cv-01680; D.S.C. Holding: In her proposed amended complaint, plaintiff has sufficiently alleged that her injury occurred because defendant’s product was in a defective condition unreasonably dangerous ...

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Civil Practice – Forum Non Conveniens – Product Liability – Infant Formula – Chinese Residents (access required)

Tang v. Synutra Int’l Inc. Chinese citizens and residents who allege injury from melamine-contaminated infant formula may not sue a Chinese subsidiary of a company incorporated in Maryland in a Maryland federal court; the 4th Circuit says China is an available, adequate and more convenient forum to redress the plaintiffs’ grievances, and it affirms the district court’s dismissal on forum non conveniens grounds.

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Tort/Negligence – Product Liability – Design Defect – Insufficient Evidence – Speed Control Deactivation Switch (access required)

5 Star, Inc. v. Ford Motor Co. Where plaintiff alleged that defendant negligently designed the speed control deactivation switch in plaintiff’s pickup truck, but where plaintiff presented no expert testimony as to the design of the switch or as to defendant’s conduct when it designed the switch, plaintiff failed to prove negligent design. We reverse the trial court’s denial of defendant’s motion for a directed verdict.

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