When one company acquires another, the “successor” company is not automatically responsible for warning purchasers regarding alleged defects in products previously sold by its predecessor. In Holland v. FCA US LLC, the Sixth Circuit affirmed the district court’s grant of a motion for judgment on the pleadings in favor of a successor to an automobile … Continue Reading
A divided panel of the Sixth Circuit held today in Lee v. Smith & Wesson Corp. that a district court abused its discretion in excluding testimony from the plaintiff’s expert that contradicted the injured plaintiff’s own account of how he was injured by an improperly discharging a Smith & Wesson revolver. The court held that … Continue Reading
In Krumpelbeck v. Breg, Inc. (Case No. 11-3726), the Sixth Circuit ruled that a plaintiff’s claims for defective design and failure to warn regarding a pain pump manufactured by Breg, Inc. could go to a jury. Interestingly, the court permitted the claims to continue based on literature regarding harm of the same general nature as … Continue Reading
As we previously reported back on May 4, 2012, a three-judge panel of the Sixth Circuit, relying heavily on the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2451 (2011), affirmed class certification in a multi-district litigation involving alleged design defects leading to mold and mildew in certain front-load washing machines … Continue Reading