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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/resttpl4302 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Foreword Va.2018. Foreword quot. in ftn. In a dispute over whether judgment debtor, upon whom the complaint had not been properly served, had nevertheless ratified judgment creditor's default judgment against him by making a general appearance in post-judgment enforcement proceedings, this court noted that, under Restatement Second of Judgments § 66, a court could equitably estop a challenger from asserting the voidness of a judgment if the challenger previously adopted the judgment as a consensual resolution of the parties' rights. In making its decision, the court pointed out that, although the Restatement Third of Torts: Products Liability recognized that the Restatement could in some instances decline to adopt the majority rule in favor of proposing a better rule, this did not appear to be one of those instances. McCulley v. Brooks & Co. General Contractors, Inc., 816 S.E.2d 270, 274. CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products E.D.Cal.2018. Quot. in sup. Chapter 7 debtor filed a motion seeking a determination that the proceeds of a settlement she received as a member of a class action against manufacturer of a transvaginal mesh patch implant was not property of her bankruptcy estate, because she did not pursue her right to the class-action recovery until several years after she received a discharge. After a hearing, this court determined that debtor's claims against manufacturer and the class-action settlement proceeds were property of the estate, because she had received the implant and all of the required elements for a products-liability claim under Restatement Third of Torts: Products Liability § 1 were in place prior to her bankruptcy and discharge. The court rejected debtor's argument that she did not know that any legal claim was available to her until after her bankruptcy, explaining that debtor's lack of subjective knowledge of an existing claim did not prevent it from becoming property of the estate. In re Carroll, 586 B.R. 775, 783. D.Del.2018. Cit. in ftn., cit. in cases cit. in ftn. Boat passenger and her husband filed a products-liability action against dealer that sold the boat new to their friend, after two of passenger's fingers were amputated when her hand got caught in the boat's gate, alleging that the boat's now-defunct manufacturer had sent its dealers two safety recall notices related to the gate, including one prior to and one after their friend's purchase of the boat, which dealer failed to address. This court granted summary judgment for plaintiffs on the issue of whether defendant supplied a defective product that was unreasonably dangerous, as defined in Restatement Second of Torts § 402A, when it originally sold the boat. Relying on § 402A, the court explained that defendant's contention that it was unaware of the defect and unaware of the danger did not suffice to prevent it from being held liable as a matter of law. The court noted that, although Restatement Third of Torts: Products Liability § 1 had modified the COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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