Category Archives: Product Liability

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Fifth Circuit Affirms District Court’s Exclusion of Opinions of Plaintiffs’ Expert Engineers Regarding Cause of Vehicle Fire and Defective Design of Fuel Tank

On October 5, 2016, the U.S. Court of Appeals for the Fifth Circuit held that opinions of the plaintiffs’ expert engineers regarding the cause of a vehicle fire and the defective design of the vehicle’s fuel tank were properly excluded. In Sims v. Kia Motors of Am., 2016 U.S. App. LEXIS 18116 (5th Cir. Tex. Oct. 5, 2016), Henry Sims, Sr. was a passenger in the backseat of a 2010 Kia Soul when it collided with another car in an intersection, spun out and…

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Spoliation: A Derivative Claim — Illinois Appellate Court Creates a High Standard

Plaintiffs are increasingly using destroyed, lost, or altered evidence to bring spoliation of evidence claims in product liability actions. In Illinois, a plaintiff can make a spoliation claim if it is tied to an underlying negligence action. Although spoliation claims are meant to address evidentiary issues, Illinois does not recognize them as an independent tort. Accordingly, a spoliation claim does not have its own statute of limitations and instead is based upon the underlying claim in the lawsuit. On October 7, 2015, the Illinois Appellate…

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