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T. Thomas Metier

Under the Malfunction Theory in a Products Liability Case, Can a Plaintiff Plead Both Specific and Non-Specific Defects?

In O’Brien v. Cessna Aircraft Company, (298 Neb.109), the Supreme Court of Nebraska examined this complicated question. Patrick O’Brien (“O’Brien”) was employed as a commercial pilot flying mail overnight in Nebraska. In February 2007, he was seriously injured when the […]

T. Thomas Metier

When Is an Expert Witness’s Opinion Expert Enough to Be Admissible?

The United States Court of Appeals for the Tenth Circuit determined what was inadmissible expert testimony in Nash v. Wal-mart, No. 17-1092 (10th Cir. Sept. 7, 2017). In this case, Steven Nash (“Nash”) fell off a 7-foot step ladder and […]

T. Thomas Metier

How Much Warning Is Enough in a Pharmaceutical Products Liability Claim?

For more than 50 years, the FDA never required Clomid to carry warnings suggesting birth defects associated with Clomid use prior to pregnancy.

T. Thomas Metier

Was the Misuse of a Jack to Blame in a Wrongful Death Lawsuit Against BMW?

The Eighth Circuit Court of Appeals agreed with BMW and the district court that a reasonable jury would have to conclude that Lindholm misused the jack.

T. Thomas Metier

CO Supreme Court Reviews 6 Year Statute of Repose Re: Third Party Claims in Construction Defect Claims

Third party claims are timely, irrespective of either the statute of limitations or the statute of repose, as long as the claims are brought during the litigation or within 90 days of a judgment or settlement.

T. Thomas Metier

Colorado Supreme Court Decides Personal Jurisdiction Over Ford Motor Co.

In 2013, John Magill’s 2007 Ford Fusion crashed into a vehicle driven by defendant Mark Polunci, which was the subject of the case in John Magill and Suzanna Magill v. Ford Motor Company, No. 15SA332 (Co. Sup. Ct. Sept. 12, […]

Chrissie Cole

Portable Butane Stoves Recalled By Sterno

The Sterno Group LLC, working in cooperation with the CPSC, issued a voluntary recall of portable butane stoves, because the “on-off” valve can fail to close completely when…

Chrissie Cole

CPSC – Jo-Ann Stores To Pay Civil Penalty

Jo-Ann Stores Inc. has agreed to pay a $50,000 civil penalty for allegedly importing and selling children’s products that violated the federal lead paint ban, announced the U.S. Consumer…

Chrissie Cole

Baby Gates Recalled By Evenflo

Evenflo Top-of-Stair Plus Wood Gates have been voluntarily recalled in Canada and the U.S. due to a fall hazard if the slats on the gate break or detach.

The company has received 142 reports…

Chrissie Cole

QVC Recalls Step Stools

Easy-Fold and Easy-Store Step Stools have been voluntarily recalled because they can crack or break, posing a fall hazard.
To this date, the company has received nine reports of the stools crack…