The Tennessee Court of Appeals recently affirmed a refusal to dismiss a products liability case under the doctrine of forum non conveniens in Pantuso v. Wright Medical Tech. Inc., No. W2014-02135-COA-R9-CV (Tenn. Ct. App. Aug. 31, 2015). Plaintiff in this case was a resident of Utah and had double hip…
A recent Court of Appeals case illustrates that trying to make a Tennessee product liability claim against a product that did not technically cause the injury can be quite difficult. In Long v. Quad Power Products, LLC, No. E2013-02708-COA-R3-CV (Tenn. Ct. App. March 20, 2015), plaintiff was injured while pressure…
The Tennessee Court of Appeals recently upheld the constitutionality of both the ten-year statute of repose under the Tennessee Products Liability Act (“TPLA”) and the exceptions thereunder for asbestos and silicone gel breast implant claims. In Adams v. Air Liquide America, L.P., No. M2013-02607-COA-R3-CV (Tenn. Ct. App. Nov. 25, 2014),…
Recently, the Tennessee Court of Appeals reviewed the case of Lake v. The Memphis Landsmen in its third trip to the court. A number of issues were raised in the appeal, but by far the most interesting one concerned the plaintiffs’ contention that the trial court erred in including a non-party…
As predicted, New England Compounding Pharamcy, Inc., the owner of the New England Compounding Center (NECC), filed for bankruptcy last week. NECC is the company that provided contaminated steriods that killed and hurt hundreds of people, including many in Tennessee and Kentucky. Click the link to view NECC’s bankruptcy filing. www.dayontorts.com/uploads/file/Bankruptcy Petition.pdf…
The fungal meningitis outbreak will result in four different classes of those with claims for damages against those who are responsible for the harm: (1)those who die; (2) those who contract the disease and are treated with no long-range effects; (3) those who contract the disease, are treated, but are…
The fungal meningitis outbreak continues to grow. Five patients have died and over 40 other patients have contracted fungal meningitis, reportedly after each of them received the steroid methylprednisolone acetate compounded by the New England Compounding Center ("NECC"). Each of the patients received the steroid as treatment for chronic back…
The 7th Circuit Court of Appeals has upheld a plaintiff’s verdict in a products liability case notwithstanding the defendant’s assertion that the plaintiff’s expert should have been excluded under Daubert. In Lapsley v. Xtech, Inc., No. 11-3313 (7th Cir. July 27, 2012) Industrial grease was propelled in a jet with…
I have a column that bears the same name as this blog that appears three times per year in the Tennessee Bar Journal. The January 2012 edition of the publication includes the column, this time titled “Retailers Escape Responsibility for Dangerous Foreign-Made Products.” The column addresses one provision of the poorly-named Tennessee…
The Kentucky Court of Appeals has ordered in a trial in a products liability case against Nissan for failure to equip at 2002 vehicle to have a rear camera or back-up sensors. Sandra and Curtis Messerly alleged that the failure of their 2002 Xterra to have either device caused…