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Product Liability
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Product Liability
106 S. Ct. 2548 (1986) | Cited 117912 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The United States District Court for the District of Columbia granted the motion of petitioner Celotex Corporation for summary judgment against respondent Catrett because the latter was unable to produce evidence in support of her allegation in ...
100 S. Ct. 559 (1980) | Cited 6551 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The issue before us is whether, consistently with the Due Process Clause of the Fourteenth Amendment, an Oklahoma court may exercise in personam jurisdiction over a nonresident automobile retailer and its wholesale distributor in a ...
37 F.3d 1069 (1994) | Cited 6531 times
... Per Curiam: In this products liability case, we hold that the district court appropriately and fairly granted summary judgment for the defendants. The plaintiffs are the heirs of Marvin Joe Little and Charles Carter. Little and Carter were experienced welders working in the wingtank of a barge. At ...
451 F.3d 1196 (2006) | Cited 893 times
... PUBLISH Before LUCERO, McKAY, and McCONNELL, Circuit Judges. Terry Minter, the plaintiff-appellant, is a professional painter who was severely injured after falling from an elevated work platform. He filed a personal injury lawsuit against the manufacturer and distributor of the work platform. ...
736 F.2d 946 (1984) | Cited 678 times
... CHAPMAN, Circuit Judge: The plaintiff in this diversity action appeals the order of the district court granting summary judgment to the defendants in this action alleging personal injuries due to exposure to asbestos-containing products mined, manufactured and/or sold by defendants. Plaintiff ...
754 F.2d 1212 (1985) | Cited 614 times
... Before RUBIN, RANDALL and TATE, Circuit Judges. RANDALL, Circuit Judge: Georgia-Pacific Corporation operates a large number of sawmills and manufacturing plants. In 1978, Georgia-Pacific sold an obsolete sawmill trimmer from its plant in El Dorado, Arkansas, to a used equipment dealer. The ...
123 F.3d 1353 (1997) | Cited 558 times
... REPRINTED OPINION TJOFLAT, Circuit Judge: This case illustrates the mischief that results when a district court effectively abdicates its responsibility to manage a case involving contentious litigants and permits excessive and dilatory discovery tactics to run amok. Not only did the district ...
184 F.3d 1300 (1999) | Cited 482 times
... PUBLISH Appeals from the United States District Court for the Northern District of Georgia *Honorable John F. Nangle, Senior U.S. District Judge for the Eastern District of Missouri, sitting by designation. Catherine "Kip" Allison sought recovery in district court for injuries allegedly suffered ...
303 F.3d 256 (2002) | Cited 431 times
... Argued February 11, 2002 This case requires us to elaborate on the nature of the district court's role as the gatekeeper for scientific and technical testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Supreme Court's now-familiar Daubert ruling set forth the ...
72 Cal.App.4th 621 (1999) | Cited 429 times
... CERTIFIED FOR PUBLICATION This appeal arises from a lawsuit alleging permanent personal injuries arising from exposure to asbestos and products containing asbestos. Denis B. Howard and Malee C. Howard appeals a special jury verdict for respondent Owens Corning 1 finding that his exposure to ...
899 F.2d 1281 (1990) | Cited 391 times
... CARMAN, Judge: Defendant-appellant The Celotex Corporation (Celotex or appellant) appeals from a judgment entered in the Southern District of New York after a jury trial before Charles P. Sifton, J., regarding Joint Eastern and Southern Districts Asbestos Litigation, awarding compensatory and ...
994 F.2d 364 (1993) | Cited 330 times
... CUMMINGS, Circuit Judge. Billy Joe Shaw claims his lungs were permanently damaged when, on August 12, 1990, he tried to clean his bathroom. Shaw mixed something called "X-14 Instant Mildew Stain Remover" with Dow Bathroom Cleaner, a product manufactured by defendant. Though he opened the windows, ...
83 F.3d 610 (1996) | Cited 319 times
... Filed May 10, l996) Every decade presents a few great cases that force the judicial system to choose between forging a solution to a major social problem on the one hand, and preserving its institutional values on the other. This is such a case. It is a class action that seeks to settle the claims ...
278 F.3d 448 (2002) | Cited 302 times
... Appeal from the United States District Court for the Eastern District of Louisiana Plaintiff-Appellant James Caboni appeals the district court's grant of summary judgment in favor of Defendant-Appellee General Motors Corporation on Plaintiff Appellant's products liability action brought pursuant ...
619 F.2d 902 (1980) | Cited 228 times
... The jurisdictional question before us arises from a diversity personal injury action against Ortho Pharmaceutical Corporation (OPC), a New Jersey corporation, and its officers and directors, all residents of New Jersey. OPC is the sole owner of Ortho Pharmaceuticals, Inc. (OPI), a Puerto Rican ...
700 F.2d 836 (1983) | Cited 220 times
... WINTER, Circuit Judge: Keene Corporation appeals from a judgment dismissing its complaint for lack of subject matter jurisdiction entered by Judge Gerard L. Goettel, United States District Court for the Southern District of New York. The gravamen of Keene's complaint is that the United States is ...
912 F.2d 1379 (1990) | Cited 217 times
... FAY, Circuit Judge. This case concerns a personal injury claim for damages arising out of an alleged incidental exposure to asbestos products over 40 years ago. Finding that plaintiffs-appellants Milton and Lillian Hoffman could not prove that Milton Hoffman either worked with or in close ...
882 F.2d 993 (1989) | Cited 215 times
... DUHE, Circuit Judge. Alvin E. Beck appeals from the district court's grant of summary judgment against him. We affirm. BACKGROUND This is a products liability action. In 1984 Beck, an employee of Crown Zellerbach Corp. (Crown), was injured while operating a paper rewinder at Crown's paper mill. ...
677 F.2d 985 (1982) | Cited 206 times
... Opinion OF THE COURT I. In this products liability action filed in federal court on the basis of diversity jurisdiction, plaintiff Howard Jay Josephs appeals following a jury verdict in favor of the defendant, Harris Corporation. Josephs was injured while cleaning a printing press which was ...
633 F.2d 1212 (1980) | Cited 162 times
... This case presents a novel and important question of insurance law. A manufacturer of asbestos products faces huge potential liability because of numerous lawsuits filed around the country by persons who inhaled asbestos fibers allegedly manufactured by the company. The claimed basis for liability ...
951 F.2d 1235 (1992) | Cited 156 times
... In this diversity action, Dallas Welch appeals from the district court's grant of summary judgment for appellees on the ground that that court erred in holding that Georgia's applicable two-year statute of limitations barred appellant's personal injury action. We agree with appellant and reverse ...
353 F.3d 862 (2003) | Cited 137 times
... Crown Equipment Corporation ("Crown") appeals a jury verdict for Plaintiff Paula Wankier in this products liability action, which is governed by Utah law. Ms. Wankier was the operator of an electric pallet jack, also known as a "walkie-rider," manufactured by Crown. While operating the walkie-rider ...
186 F.3d 412 (1999) | Cited 130 times
... Argued June 1, 1999 *Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation. (Filed August 2, 1999) OPINION OF THE COURT Daniel Padillas was injured while washing down the blade of a drum and thigh cutter ("DTC" or "the ...
816 F.2d 110 (1987) | Cited 130 times
... Before: GIBBONS, Chief Judge, SEITZ and ALDISERT, Circuit Judges. Opinion OF THE COURT ALDISERT, Circuit Judge. This appeal requires us to decide if a sufficient quantum of admissible evidence was presented at trial to establish a prima facie case of negligence. We determine that ...
563 F.3d 38 (2009) | Cited 122 times
... PRECEDENTIAL Argued: January 8, 2007 Before: McKEE, AMBRO, and FISHER Circuit Judges OPINION The primary issue in this appeal is whether Pennsylvania's strict products liability law extends to a child who was injured when her grandfather backed over her foot while using a riding mower that ...
682 F.2d 12 (1982) | Cited 121 times
... COFFIN, Chief Judge. Eagle-Picher Industries, Inc., manufactured a variety of industrial insulation products containing asbestos. Beginning in the late 1960's, and accelerating rapidly in the mid-1970's, Eagle-Picher has been named as a defendant in lawsuits in which plaintiffs allege personal ...
221 F.3d 293 (2000) | Cited 117 times
... Argued: May 15, 2000 Appeal from summary judgment entered in the United States District Court for the Southern District of New York (Parker, J.) in a products liability action, the court having concluded that the defendant-appellee conveyor manufacturer could not be held strictly liable for a ...
764 F.2d 1480 (1985) | Cited 113 times
... RONEY, Circuit Judge: This is one of the first asbestos-related injury tort cases to come before this Court. Regardless of the theory of liability in such cases, the threshold for every theory is proof that an injured plaintiff was exposed to asbestos-containing products for which the defendant is ...
718 F.2d 88 (1983) | Cited 111 times
... Opinion OF THE COURT BECKER, Circuit Judge. This appeal in a Virgin Islands products liability case requires us to determine the quantum of evidence necessary to make out a case of breach of implied warranty of fitness for a particular purpose under U.C.C. § 2-315, V.I. Code Ann. tit. 11-A, § ...
971 F.2d 831 (1992) | Cited 109 times
... OAKES, Chief Judge: BACKGROUND From the 1930's through 1966, thousands of workers at the New York Naval Shipyard, commonly known as the Brooklyn Navy Yard (BNY), breathed air laden with carcinogenic asbestos fibers. Manufacturers of the asbestos-containing products used at BNY did not warn users ...
752 F.2d 168 (1985) | Cited 107 times
... W. Eugene DAVIS, Circuit Judge: On July 19, 1977, Elbie Mozingo was testing the operation of a Skyworker brand " cherry picker" (a device similar to a crane with a bucket on the end of the boom), after completing repairs on it at a shop in Laurel, Mississippi. When Mozingo, who was in the bucket, ...
642 F.2d 652 (1981) | Cited 103 times
... This is a civil action based on diversity of citizenship brought in the United States District Court for the District of New Hampshire by Judith Brochu and her husband Emmanuel, residents of the state of New Hampshire, against the Ortho Pharmaceutical Corporation (Ortho), a New Jersey corporation. ...
743 F.2d 1049 (1984) | Cited 100 times
... WINTER, Chief Judge: Plaintiffs appeal from the judgment entered on the jury's verdict for defendants in their products liability suit. Because we conclude that the district court failed to comply with circuit precedent in the selection of the jury, we reverse and direct that the case be retried ...
960 F.2d 806 (1992) | Cited 100 times
... FLETCHER, Circuit Judge: These consolidated appeals arise from judgments based on jury verdicts entered in the plaintiffs' favor in four of the hundreds of asbestos product liability actions pending in the district court in coordinated proceedings. The cases now on appeal were brought by or on ...
61 F.3d 147 (1995) | Cited 100 times
... COWEN, Circuit Judge. This asbestos-related personal injury action was tried to a jury in the United States District Court for the Eastern District of Pennsylvania. The jury returned a verdict in favor of the plaintiff in excess of two million dollars. On application by counsel, the district court ...
761 F.2d 1129 (1985) | Cited 97 times
... ALVIN B. RUBIN, Circuit Judge: This suit for personal injuries allegedly caused by the inhalation of asbestos fibers is one of 25,000 1 pending in federal and state courts. After a ten-day trial, the jury returned a verdict against seven of the seventeen defendants originally named and fixed the ...
950 F.2d 643 (1991) | Cited 96 times
... This appeal is from a judgment, entered on a verdict directed at the conclusion of plaintiffs' evidence, in favor of the defendants-appellees Makita Electric Works, Ltd. and Makita, U.S.A., Inc. (together Makita). The plaintiffs-appellants, Gilbert and Kathleen Werth suing on behalf of their minor ...
972 F.2d 507 (1992) | Cited 91 times
... Opinion OF THE COURT COWEN, Circuit Judge. This personal injury action arose out of the mesothelioma-related death of Frank Thomas. Following a jury trial, a verdict was rendered in favor of defendant Keene Corporation. The plaintiffs moved for a new trial and the district court granted the ...
296 Md. 656 (1983) | Cited 85 times
... This case primarily concerns an application of Maryland Code (1974, 1980 Repl.Vol.) § 5-101 of the Courts and Judicial Proceedings Article, a statute of limitations that requires a civil action to be filed within three years from the date it accrues (the three year statute of limitations). More ...
561 A.2d 257 (1989) | Cited 84 times
... In Ayers v. Jackson Township, 106 N.J. 557 (1987), we declined to recognize a cause of action under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, to recover damages for an unquantified enhanced risk of disease resulting from exposure to toxic chemicals. We are now asked to consider ...
817 F.2d 1452 (1987) | Cited 83 times
... LOGAN, Circuit Judge. This is a products liability case, in which jurisdiction is based upon diversity of citizenship. Defendant, Emerson Electric Company, is appealing a $2,000,000 judgment entered in favor of plaintiff Charlette A. Karns, individually and as mother and next friend of Donald ...
227 F.3d 308 (2000) | Cited 79 times
... Appeal from the United States District Court for the Eastern District of Texas Defendants appeal the district court's certification of a nationwide class of owners of Glock pistols who allege that their pistols are defective in several respects. The district court certified the class after ...
934 F.2d 483 (1991) | Cited 78 times
... Opinion OF THE COURT BECKER, Circuit Judge This is an appeal by defendant Morbark Pennsylvania, Inc. from a large judgment entered on a jury verdict in favor of plaintiff Daniel M. Repola, who was injured when his left leg was drawn into a woodchipping machine sold by Morbark Pennsylvania to a ...
226 F.3d 46 (2000) | Cited 77 times
... Argued: November 4, 1999 Appeal from a personal injury judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) after a jury trial. Affirmed in part, vacated and remanded in part. John Crane, Inc. ("Crane"), a manufacturer and distributor of sealing ...
529 F.2d 259 (1976) | Cited 77 times
... WEBSTER, Circuit Judge. Once again this Court is called upon to forecast whether a state (this time Missouri) would apply the "second collision" or "enhanced injury" doctrine to a products liability case within its jurisdiction. A divided panel 1 reversed a judgment in favor of plaintiffs, and ...
484 F.3d 426 (2007) | Cited 76 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Argued: March 16, 2007 Before: KENNEDY, MARTIN, and SUTTON, Circuit Judges. OPINION In this products liability case, Plaintiff Michael Gilfeather, who was severely injured in a workplace accident involving a truck-mounted crane manufactured by Defendant ...
765 F.2d 240 (1985) | Cited 74 times
... Before Breyer and Aldrich, Circuit Judges, and Pettine,*fn* Senior District Judge. PETTINE, Senior District Judge. The plaintiff in a products liability action here appeals a jury verdict in favor of the defendants. The plaintiff, Patricia McInnis, sued the defendants A.M.F., Inc. and ...
764 F.2d 968 (1985) | Cited 72 times
... SEITZ, Circuit Judge. Defendants Aetna Casualty and Surety Company ("Aetna") and Travelers Indemnity Company and Travelers Insurance Company ("Travelers") Appeal from a judgment of the district court made final pursuant to Fed. R. Civ. P. 54(b) that granted plaintiff ACandS, Inc.'s (ACandS") ...
424 F.3d 344 (2005) | Cited 72 times
... PRECEDENTIAL Argued March 30, 2005 Before: ALITO, SMITH, and ROSENN, Circuit Judges OPINION Appellant Paul Forrest appeals the District Court's entry of final judgment and its denial of his motion for a new trial following a jury verdict in favor of appellee Beloit Corporation ("Beloit") in a ...
473 F.3d 532 (2007) | Cited 70 times
... PRECEDENTIAL Submitted pursuant to Third Circuit LAR 34.1(1) June 20, 2006 1 Before: FUENTES, CHAGARES, and ROTH, 2 Circuit Judges. OPINION Plaintiffs are five factory workers who allege serious and permanent hand injuries after years of using defendant's swager, a machine used to form metal. ...
859 F.2d 517 (1988) | Cited 69 times
... CUDAHY, Circuit Judge. Cathy Adelman-Tremblay brought this diversity action against Jewel Companies, Inc. ("Jewel") and Pacific World Corp. ("Pacific World") to recover for injuries suffered when she applied artificial fingernails from a kit assembled by Pacific World and sold by Osco Drug Store, ...
31 Cal.App.4th 1094 (1995) | Cited 67 times
... I. INTRODUCTION This is an appeal from a declaratory judgment entered in favor of the insurer, respondent Transcontinental Insurance Company (Transcontinental), and against the insured, appellant The Cooper Companies, Inc. The trial court held that two liability insurance policies issued to Cooper ...
731 F.2d 775 (1984) | Cited 67 times
... JOHNSON, Circuit Judge: This case involves the question whether the maritime jurisdiction of the federal courts encompasses damage claims by land-based ship repair workers against manufacturers and distributors of asbestos products for injuries allegedly induced by exposure to air-borne asbestos ...
569 F.2d 754 (1977) | Cited 66 times
... Opinion OF THE COURT SEITZ, Chief Judge. Defendant ("Ford") in this diversity action under Pennsylvania's Wrongful Death and Survival Statutes appeals a judgment based on a jury's verdict in plaintiff's favor. Vizzini v. Ford Motor Co., 72 F.R.D. 132 (E.D. Pa. 1976). I. FACTUAL BACKGROUND ...
995 F.2d 346 (1993) | Cited 66 times
... McLAUGHLIN, Circuit Judge : Keene Corporation appeals from a final judgment of the United States District Courts for the Eastern and Southern Districts of New York (Charles P. Sifton, Judge) awarding plaintiff Roberta Kranz, as the executrix of the estate of Lee Lewis, $226,038.49 for personal ...
245 F.3d 403 (2001) | Cited 65 times
... Appeal from the United States District Court for the Southern District of Texas This personal injury case arises from an October 19, 1995, helicopter crash near the Haig Glacier in Western Alberta, Canada. Defendant American Eurocopter Corporation, Inc. (AEC) appeals the district court's final ...
523 F.2d 155 (1975) | Cited 65 times
... WEBSTER, Circuit Judge. Appellant Johns-Manville Products Corporation appeals from an adverse judgment in a jury trial in which John A. Karjala, the plaintiff below, was awarded $200,000 for damages sustained as a result of contracting asbestosis from the use of appellant's asbestos products. We ...
766 F.2d 823 (1985) | Cited 65 times
... SEITZ, Circuit Judge. Jean E. Ross, as executrix of the estate of Urban F. Ross and in her own right, appeals from orders of the district court granting summary judgment in favor of the defendants and third-party defendants in this personal injury action. Subject matter jurisdiction is based on ...
22 Cal.4th 1127 (2000) | Cited 64 times
... In this case we determine primarily whether a special statute of limitations for injury or illness caused by exposure to asbestos (Code Civ. Proc., § 340.2) bars an action for a certain asbestos-related disease brought by a worker who retired before suffering a disability as defined by the statute. ...
798 F.2d 700 (1986) | Cited 64 times
... Before: Will Garwood, Patrick E. Higginbotham, and W. Eugene Davis, Circuit Judges. WILL GARWOOD, Circuit Judge: George Alvin Koonce was injured in a flash fire that occurred at an ammunitions plant where he was employed. He sustained serious burns, which resulted in his death within a few weeks. ...
324 Md. 44 (1991) | Cited 64 times
... This case focuses upon the event or events which trigger insurance coverage under a standard form comprehensive general liability insurance policy in the context of asbestos-related personal injuries. I. For a number of years, Lloyd E. Mitchell, Inc. (Mitchell), a mechanical contractor, was ...
22 F.3d 540 (1994) | Cited 63 times
... Opinion OF THE COURT ROSENN, Circuit Judge. This case raises an interesting question of liability which has its origin in the coordinated efforts of the Government and manufacturers of optical medical devices to advance the cause of medical treatment through research, experimentation, and optimum ...
645 F.2d 620 (1981) | Cited 63 times
... Clarence and Jean Tucker (Tucker) brought this products liability action against the Paxson Machine Company (Paxson), an alleged corporate successor of William R. Thropp & Sons Company (Thropp), to recover damages for injuries allegedly caused by a defective rubber calendar machine manufactured by ...
275 S.E.2d 900 (1981) | Cited 61 times
... In this products liability case, we consider only a statute of limitations question. We must determine when plaintiff's cause of action accrued in this personal injury suit alleging that the disease of mesothelioma resulted from inhalation of asbestos particles. According to the record, this ...
35 S.W.3d 643 (2000) | Cited 61 times
... On Petition for Review from the Court of Appeals for the Fourth District of Texas from Bexar County; 4th district (04-97-00768-CV, 980 SW2d 828, 09-30-98) The Court reverses the court of appeals' judgment and remands the cause to the trial court. Argued on September 8, 1999 Justice Hankinson did ...
119 S.Ct. 2295 (1999) | Cited 61 times
... Opinion of the Court ORTIZ v. FIBREBOARD CORP. ____ U. S. ____ (1999) On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit This case turns on the conditions for certifying a mandatory settlement class on a limited fund theory under Federal Rule of Civil Procedure ...
31 Cal.App.4th 1409 (1995) | Cited 61 times
... Appellants Robert Lineaweaver, Floyd King, and Ralph Ward brought actions against numerous asbestos suppliers seeking to recover for personal injuries sustained from their repeated exposure to asbestos insulation products. A bifurcated trial on the separate issues of damages and liability proceeded ...
445 F.2d 967 (1971) | Cited 61 times
... CRAVEN, Circuit Judge: This is a products liability case involving a 1967 Mercury Cougar automobile manufactured by the Ford Motor Company. The plaintiff, Grady Paul Chestnut, is a 28-year-old career soldier who purchased the car, while home on leave from Vietnam, from the Daniel Motor Company in ...
861 F.2d 1453 (1988) | Cited 60 times
... ANDERSON, Circuit Judge. This case is another in the series of personal injury, diversity cases involving asbestos exposure of naval shipyard employees. The case is confined to the question of manufacturer liability for plaintiff's exposure during and just after World War II. It is a case of first ...
727 F.2d 506 (1984) | Cited 60 times
... CLARK, Chief Judge: Johns-Manville Sales Corporation (Johns-Manville) and Raybestos-Manhattan, Inc. appeal a jury verdict awarding actual and punitive damages to James Jackson, a former shipyard worker, in a strict liability action for injuries allegedly caused by the defendants' failures to warn ...
9 F.3d 303 (1993) | Cited 59 times
... Opinion OF THE COURT SLOVITER, Chief Judge. In this appeal we must determine, apparently for the first time by an appellate court, whether the amendment to the diversity jurisdiction statute defining a permanent resident alien as a citizen for diversity purposes gives a federal court subject ...
734 F.2d 1036 (1984) | Cited 59 times
... RANDALL, Circuit Judge: Johns-Manville Sales Corporation and Johns-Manville Products Corporation (collectively "Johns-Manville") appeal a jury verdict awarding compensatory and punitive damages to the widow of Andrew Hansen, a former shipyard worker, for wrongful death caused by exposure to ...
300 F.3d 368 (2002) | Cited 59 times
... PRECEDENTIAL Argued June 17, 2002 OPINION OF THE COURT Before us is an appeal of the District Court's decision denying the motion to transfer tens of thousands of asbestos-related tort claims and remanding these claims to the state courts where they were originally filed, primarily on the ground ...
901 F.2d 277 (1990) | Cited 58 times
... JON O. NEWMAN, Circuit Judge: In the aftermath of the Supreme Court's suggestion that the imposition of some punitive damages awards may violate the Due Process Clause, see Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 109 S. Ct. 2909 & n.23, 106 L. Ed. 2d 219 ...
58 Ohio St.3d 48 (1991) | Cited 57 times
... > Douglas, J. The issue before this court focuses on whether the court of appeals properly concluded that summary judgment should be granted in favor of Alert and Murdock, and denied, except as to the intentional infliction of emotional distress claim, as to Levinson's and Awning. For the ...
991 F.2d 1117 (1993) | Cited 57 times
... Opinion OF THE COURT COWEN, Circuit Judge. Plaintiff Mary Carley appeals the grant of summary judgment dismissing her claim for personal injuries caused by an alleged design defect in an ambulance manufactured by defendant Wheeled Coach Industries, Inc. ("Wheeled Coach"). The issue in this appeal ...
994 F.2d 1295 (1993) | Cited 56 times
... WOLLMAN, Circuit Judge. This is a "tireworker" asbestos case arising under the district court's diversity jurisdiction. Ten former employees of the Mohawk Tire and Rubber Company plant in West Helena, Arkansas, ("Mohawk") filed suit against numerous manufacturers of asbestos-containing products. 1 ...
111 F.3d 1039 (1997) | Cited 55 times
... Argued: July 31, 1996 Filed April 22, 1997 OPINION OF THE COURT This is a products liability case, Restatement of Torts 2d Section(s) 402A, arising out of a construction accident in which the treads of a huge road profiler machine ran over the foot of plaintiff Michael Surace. Surace brought ...
568 A.2d 1196 (1989) | Cited 55 times
... Plaintiffs appeal from summary judgments granted to the remaining defendants in this strict liability asbestos case. Plaintiffs are Robert J. Sholtis, Jr., Executor of the Estate of Robert J. Sholtis and the decedent's widow, Pauline Sholtis, and Sam Lee and Eunice Lee, his wife. Both Mr. Sholtis ...
938 F.2d 1518 (1991) | Cited 53 times
... BOWNES, Senior Circuit Judge In this strict product liability diversity action, plaintiff-appellant Jeanne Raymond, on behalf of herself and as administratrix of her husband Roland Raymond's estate, appeals from an order of the United States District Court for the District of New Hampshire denying ...
460 F.3d 483 (2006) | Cited 52 times
... PRECEDENTIAL Argued January 13, 2006 Before: FUENTES, ROSENN, 1 and ROTH, 2 Circuit Judges. OPINION OF THE COURT Plaintiffs are New Jersey blueberry farmers who filed suit against a pesticide company for damages to their crops based on theories of products liability, negligence, consumer ...
748 F.2d 304 (1984) | Cited 52 times
... Before RUBIN, RANDALL and TATE, Circuit Judges. RANDALL, Circuit Judge: In this appeal we address the question whether the district court erred in refusing to allow the plaintiff to introduce evidence in support of her negligence theory and in refusing to issue a negligence instruction to the ...
682 A.2d 1143 (1996) | Cited 51 times
... The plaintiffs/appellees brought suit in the Circuit Court for Baltimore City against numerous manufacturers and distributors of asbestos products, alleging negligence and strict liability for failure to warn of the dangers of the asbestos products. Two of the plaintiffs were men suffering from ...
764 F.2d 224 (1985) | Cited 49 times
... CHAPMAN, Circuit Judge: In this consolidated appeal we consider whether the federal courts may assert admiralty jurisdiction over manufacturers of products containing asbestos for injuries to land-based ship repair workers which injuries were allegedly caused by exposure to air-borne asbestos ...
959 F.2d 430 (1992) | Cited 49 times
... Opinion OF THE COURT GREENBERG, Circuit Judge. Appellant, Alvin Dillinger ("Dillinger"), a former truck driver, commenced this strict products liability proceeding against appellee, Caterpillar, Inc., in the Court of Common Pleas, Allegheny County, Pennsylvania, for injuries he suffered while ...
727 F.2d 1363 (1984) | Cited 49 times
... RANDALL, Circuit Judge: In this diversity case governed by Texas law, plaintiff-appellant Lee Ann Timberlake appeals the district court's summary judgment in favor of defendant-appellee A.H. Robins Company. For the reasons set forth below, we affirm. I. Factual and Procedural Background. ...
69 F.3d 712 (1995) | Cited 47 times
... SHEDD, District Judge: Owens-Corning Fiberglas Corporation ("OCF") appeals the district court's entry of partial summary judgment against it on two issues. For the reasons set forth below, we affirm in part, reverse in part, and remand for a new trial. I For over two decades beginning in 1952, ...
788 F.2d 741 (1986) | Cited 47 times
... VANCE, Circuit Judge: Defendant Ortho Pharmaceutical Corporation ("Ortho") appeals a $5.1 million judgment in favor of plaintiffs Katie Laurel Wells, an infant, Mary Maihafer, her mother, and Gary Wells, her father, under theories of negligent failure to warn and strict liability. The case ...
540 F.2d 762 (1976) | Cited 46 times
... GOLDBERG, Circuit Judge: In this Georgia diversity case, confined as we are to the narrow tracks of Erie, 1 we must decide how the Georgia courts would treat a potpourri of issues arising out of a collision between two automobiles. Plaintiff Grady Michael Higginbotham sued Ford Motor Company and ...
52 F.3d 524 (1995) | Cited 45 times
... PATRICK E. HIGGINBOTHAM, Circuit Judge: Carl Brown filed this products liability suit against various cigarette manufacturers, claiming they were responsible for his throat cancer. The district court granted summary judgment in favor of the cigarette manufacturers and Brown appeals. This case ...
842 F.2d 689 (1988) | Cited 45 times
... Opinion OF THE COURT COWEN, Circuit Judge. This is a complex, multi-defendant products liability and negligence case in which the plaintiff alleges that Willard Childers, her deceased husband, was killed as a result of defects in the digger/derrick truck he was operating at the time of his death. ...
338 F.2d 911 (1964) | Cited 45 times
... Before BROWN, WISDOM and BELL, Circuit Judges. WISDOM, Circuit Judge: Once again Erie 1 thrusts the Court into the field of products liability 2 Once again state guidelines are hard to find and follow. Jacob E. Decker & Sons, Inc. v. Capps, 1942, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, a ...
647 F.2d 241 (1981) | Cited 44 times
... Volkswagenwerk Aktiengesellschaft ("VWAG") appeals from a judgment entered against it on May 9, 1979 for damages arising out of an automobile collision between plaintiffs-appellees, Turi and Frank Caiazzo, who were driving a minibus manufactured by appellant, and defendant James Valentine, who has ...
204 S.W.3d 797 (2006) | Cited 42 times
... Argued January 24, 2006 In this products liability case, we hold that plaintiffs' expert testimony was legally insufficient to establish a manufacturing defect, and accordingly reverse and render judgment in favor of petitioner Cooper Tire & Rubber Company. I. Background In June 1997, Oscar ...
187 F.3d 88 (1999) | Cited 41 times
... APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, Jr., U.S. District Judge] In February 1991, David and Elizabeth Trull, and their two sons, Nathaniel and Benjamin, were traveling to Maine after a day of cross-country skiing in New Hampshire ...
226 F.3d 445 (2000) | Cited 41 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 00a0292p.06 Argued: June 21, 2000 COLE, J., delivered the opinion of the court, in which MERRITT, J., joined. GUY, J. (pp. 21-22), delivered a separate opinion concurring in part and dissenting in part. OPINION ...
648 F.2d 833 (1981) | Cited 41 times
... Opinion OF THE COURT This products liability action stems from a single car "roll-over" accident of a Volkswagen van. The plaintiffs sought to recover on causes of action sounding in strict liability, breach of warranty and failure to design a crashworthy vehicle. The case went forward on strict ...
941 P.2d 284 (1996) | Cited 41 times
... This is an action to recover damages for the loss of products stored in an ultra-cold freezer manufactured by defendant, Forma Scientific, Inc. Plaintiff, BioSera, Inc., appeals from the trial court's ruling on the measure of damages applicable to some of the products. Defendant cross-appeals ...
336 S.E.2d 66 (1985) | Cited 40 times
... Plaintiff seeks damages for the disease asbestosis which he claims was caused by his exposure to products manufactured, sold or distributed by defendants. 1 Plaintiff alleges that he contracted the disease asbestosis through years of on-the-job contact with asbestos products manufactured, sold or ...
914 F.2d 26 (1990) | Cited 40 times
... WALKER, Circuit Judge. The Celotex Corporation ("Celotex") appeals from a judgment awarding plaintiff Marion George, on her own behalf and as executrix of her husband Stuart George's estate, damages in strict liability arising from her husband's exposure to asbestos manufactured by Celotex. ...