Clark Hill Litigation Team Obtains Dismissal of Product Liability Lawsuit
DETROIT, MI - On May 13, 2010, Clark Hill litigation practice group members Tony Agosta , Tom Dixon , and Jeff Bloom obtained dismissal of a products liability insurance subrogation action against a global computer manufacturer (“Manufacturer”) pending in the United States District Court for the Eastern District of Michigan. The Plaintiff was an insurance company that paid a large claim on behalf of a homeowner that suffered extensive property damage in a house fire. The Plaintiff’s theory was that a failure in the AC power adapter from Manufacturer’s printer was the cause of the house fire, and that Manufacturer should reimburse the insurance company for the money it paid to the homeowners on the claim. In its briefing to the court, the Clark Hill litigation team argued that the opinions of plaintiff’s electrical engineering expert were unreliable under Daubert , which requires expert opinions to be scientifically tested under extensive evidentiary standards. In its 30 page opinion, the court accepted Clark Hill’s arguments, ruled in favor of Manufacturer on all counts, and dismissed the case in its entirety.