Topic
Every decision we've filed under Tort / Personal Injury.
The Eleventh Circuit affirmed the dismissal of a wrongful death complaint alleging product liability. The court held that a multi-car pileup caused by a third party's independent negligence was an unforeseeable supervening cause that broke the chain of proximate causation.
The Fourth Circuit reversed a summary judgment in a slip-and-fall case, holding that factual disputes regarding the open-and-obvious nature of a chemical hazard and the necessity of expert testimony on causation precluded a ruling as a matter of law.
The Sixth Circuit affirmed a summary judgment ruling in a premises-liability case where a plaintiff slipped on oil in a parking lot. The court held that the plaintiff's self-contradictory testimony failed to create a genuine dispute of material fact regarding whether the store had notice of the hazard.
The Ninth Circuit affirmed the dismissal of a pro se plaintiff's claims against the United States government. The court held that the plaintiff failed to name proper defendants for his Bivens claim and that sovereign immunity barred his Federal Tort Claims Act claim.
The Ninth Circuit affirmed the district court's denial of a motion for expanded injunctive relief. The court also dismissed portions of the appeal due to lack of jurisdiction over non-final decisions.
The Ninth Circuit affirmed the dismissal of a personal injury lawsuit against Target, ruling that California's two-year statute of limitations applies to the case rather than North Dakota's six-year period. The court held that under California's governmental interest approach to choice of law, the state has a stronger interest in applying its laws to a California resident suing in a California court for products purchased there.
The First Circuit reversed a dismissal regarding personal jurisdiction over Premier Parks, LLC, remanding for discovery into its operational ties to a Canadian hotel. The court affirmed the dismissal against EPR Properties but modified the ruling to allow the plaintiffs to refile the claim.
The First Circuit reversed the dismissal of a wrongful death claim against Premier Parks, LLC, finding that public statements and operational intermingling created a genuine dispute regarding personal jurisdiction. Conversely, the court affirmed the dismissal against EPR Properties, ruling that the plaintiffs failed to provide evidence linking the real estate trust to the hotel's marketing or booking activities in Massachusetts.
The Ninth Circuit affirmed the dismissal of Jeffery Lee Fitzhugh's Federal Tort Claims Act lawsuit, ruling that his administrative claim was filed more than two years after the incident and lacked the necessary facts for equitable tolling. The court also upheld the district court's denial of leave to file a second amended complaint because Fitzhugh failed to cure identified deficiencies despite prior opportunities.
The Eleventh Circuit affirmed the dismissal of a products liability lawsuit filed by a pro se plaintiff, ruling that his claims were time-barred under Georgia's statute of limitations and statute of repose. The court held that the plaintiff failed to plausibly allege that his injury was undiscovered within the statutory period, as his medical records and concessions established he knew of the harm in 2021.