RECENT APPELLATE DECISIONS IN PRODUCT LIABILITY CASES Also see --> Product Liability Cases in the Texas Supreme Court In re Cooper Tire & Rubber Co. (Tex.App. - Houston [14th Dist.] Feb. 2, 2010)(Anderson) (discovery mandamus granted to protect trade secrets in product liability litigation) (trade secret privilege-relevant factors) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00906-CV In Re Cooper Tire & Rubber Company Appeal from 127th District Court of Harris County Trial Court Judge: R.K. Sandill Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Boyce) (choice of law when not agreed to in contract, statute of repose, products liability, defective folding table used in schools, amputation of finger caught between panels) AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-00158-CV Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John Willis Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally DBHL, Inc. v. Moen Inc. (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (product liability, no indemnity owed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Bland Panel members: Justices Taft, Bland and Sharp 01-08-00046-CV DBHL, Inc. and Dearborn HL, S. de R.L. de C.V. v. Moen Incorporated and Moen Sonora S.A. de C.V. Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Merck & Co. v. Ernst (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Hedges) (Vioxx jury judgment reversed) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Brown 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually and as Representative of the Estate of Robert Charles Ernst, Deceased Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin Champion v. Great Dane LP, NO. 14-08-00310-CV (Tex. App.-Houston [14th Dist.] May 7, 2009)(Frost)(product liability) design defect, defective manufacturing) TOMMY CHAMPION, Appellant V. GREAT DANE LIMITED PARTNERSHIP, Appellee Affirmed and Opinion filed May 7, 2 On Appeal from the 189th District Court Harris County, Texas Scott Bader, Inc. v. Sandstone Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Higley) (products liability, imposition of sanctions by trial court) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-05-00940-CV Scott Bader, Inc., Amy C. Wright, Kern & Wooley, L.L.P., and National Pigments & Chemicals, Inc. v. Sandstone Products, Inc. Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (sanctions) Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (product liability claim time-barred, warranty claim remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00254-CV Sharon Heckel v. Allen Samuels Chevrolet and General Motors Corporation Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach |
| Product Liability Cases from the Houston Courts of Appeals HOUSTON OPINIONS |
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