Topic
Every decision we've filed under Tort / Personal Injury.
The United States Court of Appeals for the Fifth Circuit remanded a personal injury lawsuit to the district court following a Supreme Court directive. The appellate court clarified that its prior inquiry into a bankruptcy omission was too narrow.
The Eighth Circuit vacated a class certification order in a product liability suit, ruling that the plaintiff lacked Article III standing. The court held that ownership of a firearm with alleged design defects does not constitute an injury in fact absent a manifest defect.
The Fifth Circuit affirmed a district court's denial of a motion for mistrial following a juror's reference to an unrelated news article. The appellate court held that the trial judge did not abuse discretion in finding the extrinsic influence caused no prejudice.
The United States Court of Appeals for the Fourth Circuit affirmed a district court dismissal of a Federal Tort Claims Act claim. The appellate court found no reversible error in the lower court's ruling that the plaintiff failed to exhaust administrative remedies.
The United States Court of Appeals for the Fifth Circuit affirmed a district court ruling that excluded two expert witnesses and granted summary judgment to the defendant. The appellate court found no error in the lower court's well-reasoned decision regarding the expert testimony.
The United States Court of Appeals for the Fifth Circuit affirmed a district court's grant of summary judgment in a products liability and premises liability case involving a tanker trailer accident. The court held that the general contractor lacked knowledge of a dangerous condition and that the trailer manufacturer had no duty to warn trained commercial drivers of obvious risks.
The Eleventh Circuit affirmed a district court's dismissal of a passenger's negligence claim against an airline. The court held that the Airline Deregulation Act preempts state common-law claims related to an airline's decision to place a passenger on an uninvited-to-fly list.
The Fourth Circuit affirmed a district court's grant of summary judgment in a negligence action brought by an amusement park ride inspector. The appellate court held that the park operators owed no legally recognized duty to the plaintiff and that his injuries were not proximately caused by the defendants' conduct.
The Fifth Circuit reversed a district court dismissal, holding that the plaintiffs' efforts to serve process were sufficient to create a genuine issue of material fact regarding diligence. The court clarified that Texas law requires ordinary diligence, not the highest degree of effort, and that delays may be excused by reasonable explanations.
The Ninth Circuit reversed a district court's dismissal of a negligence claim arising from an accident at a church. The appellate court held that factual disputes regarding breach and causation precluded resolution on a motion to dismiss.