MDL Court Powers Through Analysis On Economic Loss Claims

Attorneys asked to research economic loss issues across multiple states may have just hit the jackpot. The court presiding over the General Motors Ignition Switch Multidistrict Litigation recently authored an opinion providing a multistate survey of the law concerning product defect manifestation, incidental damages, and unjust enrichment in the economic loss context. See In re GM LLC Ignition Switch Litig., No. 14-MD-2543 (JFM), 2018 U.S. Dist. LEXIS 155576 (S.D.N.Y. Sept. 12, 2018).

The GM Ignition Switch MDL arose from the recall in February 2014 by General Motors LLC (“New GM”) of vehicles manufactured with a defective ignition switch that could move too easily from the “run” position to the “accessory” and “off” positions. Plaintiffs in the MDL seek recovery on behalf of broad putative class of GM car owners and lessors whose vehicles were subject to recalls for the ignition switch issue as well as other defects. Plaintiffs argue that they have b

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Hoverboard Suit Goes Up In Flames

Also contributed by William Schoof* Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace?  In Fox v. Amazon.com, Inc., No. 3:16-cv-03013, 2018 BL 191355 (M.D. Tenn. May 30, 2018), plaintiffs argued exactly that, and the district court answered with aRead the full article →