Monthly Archives: May 2016

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District Court Grants Smoke Alarm Manufacturer’s Motion for Summary Judgment Due to Speculative Product Identification Evidence

On April 27, 2016, the U.S. District Court for the Southern District of New York granted a defendant manufacturer’s motion for summary judgment in a personal injury lawsuit based in products liability. In Paniagua v. Walter Kidde Portable Equip., Inc., 2016 U.S. Dist. LEXIS 56154, the plaintiff brought claims of strict products liability, breach of warranty, violations of the New York Uniform Commercial Code, negligence, negligent misrepresentation, and negligent infliction of emotional distress arising out of a 2005 fire in his New York City…

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New Hampshire District Court Permits Parties’ Experts to Testify in Case Involving Allegation that a Recalled Grill Caused a Fire

The District Court for the District of New Hampshire recently denied motions to exclude the testimony of both the plaintiff homeowner and defendant grill manufacturer’s experts regarding the origin and cause of a fire. In Pukt v. Nexgrill Industries, Inc. (2016 U.S. Dist. Lexis 54108), the homeowner’s son cooked on a 7-year-old “Charmglow” grill and, as soon as he was through, the grill caught fire and subsequently ignited the deck it was situated on and adjoining house causing extensive damage. The Consumer Product Safety Commission…

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