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T. Thomas Metier

When the Defendant Removes a Civil Action to Federal Court, Alleging the Amount in Controversy Exceeds the Threshold, But the Plaintiff Contests the Amount in Question, How Does the Court Decide?

The United States Court of Appeals for the Eighth Circuit tackled that question in Waters v. Ferrara Candy Co., No. 17-2812, 873 F.3d 633 (2017). Plaintiff Jaclyn Waters (“Waters”) filed this putative class action in the Circuit Court for the […]

T. Thomas Metier

In a Pharmaceutical Products Liability Case, Why Would a Failure to Warn Case Be Preempted by Federal Law?

In Watson v. Mylan Pharmaceuticals, Inc., No. 16-3349, (D. Kan. 2017), the United States Court of Appeals for the Tenth District sorted out the requirements of state versus federal law in a products liability case. Carmen Watson (“Watson”) was allegedly […]

T. Thomas Metier

Did the Trial Court Err When It Gives a Jury Instruction That Allows the Jury to Choose Between the Consumer Expectation Test of the Risk-Benefit Test When Assessing a Design Defect?

The Supreme Court of Colorado took on this question in Walker v. Ford Motor Company, (2017 CO 102). Forrest Walker (“Walker”) was rear-ended while driving his 1998 Ford Explorer in Boulder, Colorado. Upon impact, Walker’s car accelerated forward and his […]

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…