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Federal jurisdiction Hain Celestial Group, Inc. v. Palmquist

Hain Celestial Group, Inc. v. Palmquist

The Supreme Court held that an erroneous interlocutory dismissal of a nondiverse defendant did not cure a removal-stage diversity defect, so the federal judgment had to be vacated.

  • Diversity jurisdiction
  • Improper joinder
  • Removal/remand
  • Vacatur of judgment
  • Federal rule of civil procedure 21
  • Forum selection by plaintiff
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Torts 2024 Ohio 5744; 179 Ohio St. 3d 74

In re Natl. Prescription Opiate Litigation

The Ohio Supreme Court held that the Ohio Product Liability Act abrogates common-law public nuisance claims based on a product’s sale or distribution, including claims for equitable abatement.

  • Ohio product liability act (opla)
  • Abrogation of common-law claims
  • Equitable relief
  • Statutory construction
  • Legislative history
  • Ohio-product-liability-act
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Products liability 194 N.E.3d 355; 167 Ohio St. 3d 488; 2022 Ohio 2065

LG Chem, Ltd. v. Goulding (Slip Opinion)

The Ohio Supreme Court denied LG Chem’s prohibition petition, holding that personal jurisdiction was not patently and unambiguously lacking in a products-liability case.

  • Personal jurisdiction
  • Specific jurisdiction
  • General jurisdiction
  • Purposeful availment
  • Stream of commerce
  • Writ of prohibition
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Torts 162 Ohio St. 3d 128; 164 N.E.3d 394; 2020 Ohio 4632

Stiner v. Amazon.com, Inc. (Slip Opinion)

Ohio Supreme Court held Amazon was not a “supplier” under the Ohio Products Liability Act for a third-party marketplace sale of caffeine powder.

  • Ohio products liability act interpretation
  • Definition of supplier
  • Stream of commerce
  • Control over product
  • Strict liability
  • Products-liability
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Torts 211 A.3d 1166; 464 Md. 474

WALLACE & GALE ASBESTOS SETTLEMENT TRUST v. William Edward BUSCH, Jr., Et Ux.

Maryland’s high court upheld an asbestos verdict, holding circumstantial evidence could support product identification and that dismissal of a co-defendant could be disclosed to prevent jury confusion.

  • Asbestos litigation
  • Product identification
  • Circumstantial evidence
  • Causation (frequency proximity regularity)
  • Opening the door doctrine
  • Md. rule 5-403
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Maritime law Smith Maritime, Inc. v. L/B Kaitlin Eymard

Smith Maritime, Inc. v. L/B Kaitlin Eymard

The Fifth Circuit held that East River barred tort recovery for economic loss from allegedly negligent vessel modification work, limiting Associated to contractual remedies.

  • Economic loss rule
  • East river doctrine
  • Warranty vs. tort
  • Vessel modification/repair
  • Summary judgment
  • Economic-loss-rule
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Torts 1998 Ohio 16; 83 Ohio St. 3d 507

Perkins v. Wilkinson Sword, Inc.

Ohio Supreme Court held that the Ohio Products Liability Act’s risk-benefit test may be used to prove design defect in a properly functioning disposable cigarette lighter.

  • Design defect
  • Risk-benefit test
  • Consumer-expectation test
  • Child-resistant safety
  • Certified question procedure
  • Products-liability
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Products liability 1997 Ohio 12; 78 Ohio St. 3d 284

Carrel v. Allied Products Corp.

Ohio Supreme Court held that common-law negligent design survives the Ohio Products Liability Act and that assumption of risk may not bar an injured worker required to face the risk on the job.

  • Negligent design
  • Assumption of risk
  • Ohio products liability act (r.c. 2307.71 et seq.)
  • Workplace injury
  • Summary judgment
  • Products-liability
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Tort 1994 Ohio 62; 68 Ohio St. 3d 305

McFarland v. Bruno Mach. Corp.

Ohio held that Evid.R. 407 does not bar subsequent remedial-measures evidence in strict-liability products cases, and reversed the exclusion of such evidence.

  • Strict liability
  • Subsequent remedial measures
  • Evid.r. 407
  • Admissibility of evidence
  • Design defect
  • Strict-liability
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