In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’ liability expert and whether the plaintiffs’ product liability claims could survive summary judgment. The case arose from a fire in the garage on the plaintiffs’ property, where a Maserati vehicle was parked. The plaintiffs brought a product liability action against the vehicle manufacturer, alleging that a failure within the engine compartment caused ... Continue Reading
In Rich v. Plumbing No. 1:23-cv-00705-SAG, 2025 U.S. Dist. LEXIS 2263, the United States District Court for the District of Maryland considered two motions for summary judgment, each arguing that the court should exclude the testimony of the plaintiff’s expert. Although the court allowed the plaintiff to file a supplemental brief, it ultimately granted the defendants’ motions for summary judgment. Consequently, the court deemed the testimony of the plaintiff’s one and only expert inadmissible.
The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her ... Continue Reading
In Smith v. Spectrum Brands, Inc., 2022 U.S. Dist. LEXIS 142262, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiffs’ liability expert met the requirements of Rule 702 of the Federal Rules of Evidence and could testify that a filter pump for an aquarium tank was defectively designed and caused a fire at the plaintiffs’ home. The defendant filed a motion to exclude the plaintiffs’ liability expert on grounds that the expert’s opinion did not satisfy the reliability element of Rule 702 because the expert never conducted physical testing on the filter pump. The court found that the cognitive testing employed by the expert through various methods, including visual inspections of the evidence, a review of photographs of the scene and literature from the manufacturer, and research on similar products, was sufficiently reliable to admit his opinion.Continue Reading
Recent Posts
Categories
- Products Liability
- Evidence
- Experts – Daubert
- New Jersey
- CPSC Recalls
- Causation
- Subrogation
- Construction Defects
- Statute of Limitations-Repose
- New York
- Certificate of Merit
- California
- Podcast
- Experts - Reliability
- Jurisdiction
- Condemnation
- Maryland
- Uncategorized
- Negligence
- CPSC Warning
- Minnesota
- Contracts
- Anti-Subrogation Rule
- Landlord-Tenant
- Sutton Doctrine
- Waiver of Subrogation
- Rhode Island
- Pennsylvania
- Texas
- Florida
- Workers' Compensation
- Economic Loss Rule
- Cargo - Transportation
- Malpractice
- Spoliation
- Tennessee
- Water Loss
- Indiana
- Michigan
- Comparative-Contributory Negligence
- Contribution-Apportionment
- AIA Contracts
- Assignment
- Missouri
- Parties
- Public Policy
- Civil Procedure
- Product Liability
- Res Judicata
- Arbitration
- Damages
- Damages – Personal Property
- Litigation
- West Virginia
- Wyoming
- Oklahoma
- Builder's Risk
- Contractual Subrogation
- Equitable Subrogation
- Georgia
- Illinois
- Insurable Interest
- Limitation of Liability
- Mississippi
- Made Whole
- Delaware
- Settlement
- Subrogation – Equitable
- Construction
- Premises Liability
- Joint or Several Liability
- Montana
- Duty
- Privity
- New Mexico
- Right to Repair Act
- Massachusetts
- Landlord
- Tenant
- Building Code
- Arizona
Tags
- Products Liability
- Evidence
- Circumstantial Evidence
- Experts - Reliability
- Experts – Daubert
- New Jersey
- Malfunction Theory
- Subrogation
- Causation
- Construction Defects
- Podcast
- Product Liability
- Subro Sessions
- Texas
- New York
- Certificate of Merit
- Contracts
- California
- CPSC Recalls; Products Liability
- Waiver of Subrogation
- Experts
- Maryland
- Landlord-Tenant
- Jurisdiction
- Jurisdiction - Personal
- Statute of Repose
- Condemnation
- Construction Contracts
- Inverse Condemnation
- Negligence
- Louisiana
- Minnesota
- Statute of Limitations - Accrual
- Amazon-eBay
- Civil Procedure
- Georgia
- Contracts - Enforcement
- Illinois
- Pennsylvania
- Experts – Qualifications
- Made Whole
- Statute of Limitations
- Sutton Doctrine
- Water Damage
- Rhode Island
- workers' compensation subrogation
- Arizona
- Florida
- Public Policy
- Economic Loss Doctrine
- Design Defect
- Expert Qualifications
- West Virginia
- Amazon
- Negligent Undertaking
- Limitation of Liability
- Statute of Limitations - Contractual
- Anti-Subrogation Rule
- Indiana
- Tennessee
- Evidence - Hearsay
- Loss of Use
- Vehicles
- Connecticut
- Delaware
- Improvement
- Negligence – Duty
- Warranty - Implied
- Apportionment
- Privity
- Malpractice
- Statute of Limitations - Tolling
- Spoliation
- Statute of Limitations – Discovery Rule
- Malfunction Theory; Design Defect
- Independent Duty
- Ohio
- Settlement
- Michigan
- Comparative Fault
- Contracts - Formation
- Condominiums
- Non-Party at Fault
- Massachusetts
- Unconscionable
- Missouri
- Parties
- Failure to Warn
- Manufacturing Defect
- Pleading
- Removal
- Entire Controversy Doctrine
- Motion to Intervene
- Res Judicata
- Arbitration
- Subrogation; High-Net-Worth; Damages; Art; Cargo-Transportation; Anti-Subrogation Rule
- Wisconsin
- Products Liability – Risk-Utility
- Architects-Engineers
- Lithium-ion battery
- Internet Sales
- Anti-Subrogation Rule; Wyoming; Landlord-Tenant; Sutton Doctrine
- Oklahoma
- Sanctions
- Spoliation – Fire Scene
- Builder’s Risk
- Contractual Subrogation
- Equitable Subrogation
- Exculpatory Clause
- Gross Negligence
- Insurable Interest
- Mississippi
- Daubert
- Standing
- Third Party
- Accepted Work
- Montana
- Independent Contractor
- Res Ipsa
- Workers’ Compensation
- New Mexico
- Right to Repair Act
- AIA Contract
- Betterment
- Damages
- Damages-Code Upgrades
- Statute of Limitations - Repose
- Washington
- Implied Warranty of Habitability
- Warranty - Construction
- Idaho
- First Party Claims
- Joint-Tortfeasors
- Forum-Venue
- Warranty – Express
- AIA Contracts
- Anti-Indemnity Statutes
- Indemnification
- Products Liability - Foreseeability
- Cargo-Transportation
- Contribution
- MCS-90
- Substantial Completion
Authors
Archives
- May 2025
- April 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022