Tag: Product
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Food Science Expert Allowed to Opine on Meatless Meatballs
This case stems from a dispute over the production (or lack thereof) of meatless meatballs, which Plaintiff Ascot Valley Foods, Ltd. (“Plaintiff,” “Ascot,” or “Ascot Valley”) agreed to manufacture, package, and ship to Defendant ADF Foods (USA), Ltd. (“Defendant” or “ADF”). Ascot Valley brought claims under New York law for breach of contract, promissory estoppel,…
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Human Factors Expert Witness’ Opinion About the Alleged Design Deficiencies of the Boppy Newborn Lounger Admitted
The Boppy Newborn Lounger (“BNL”) was on the market for nearly sixteen years, and during that time, Boppy sold over 3.3 million BNLs. Boppy’s warnings and marketing made clear that the BNL was intended to give caregivers a place to lay infants down for supervised awake time only, but never for sleeping. As with any…
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Mechanical Engineering Expert Witness’ Product Identification Opinion Excluded
This case arises from a boating accident at Lake Powell on July 29, 2018. Plaintiff, while aboard a Moomba Mondo ski boat purchased from Rocky Mountain Boat Company (ROMOBOCO), was injured when a carabiner (the Subject Carabiner) suddenly failed and struck her in the head. Plaintiff survived, but she allegedly suffers from permanent disabilities due…
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Product Safety Expert Witness’ Testimony Admitted Despite Alleged Lack of Familiarity with Tree Stands
Plaintiff, James Rowedder alleged a Field & Stream Stealth Climber Tree stand HEH01293 (“tree stand”) manufactured by Defendant Primal Vantage Company, Inc. (“Primal”) and sold by Defendant Dick’s Sporting Goods, Inc. d/b/a Field & Stream failed while Rowedder was using it and that he sustained injuries as a result. Plaintiff brought claims for (1) Negligence—Product Defect;…
