Takata, Honda Get Claims Trimmed in Air Bag MDL

Mass Tort and Product Liability   |   Appellate & Trial Support   |   Litigation and Trials   |   June 1, 2017
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Carlton Fields West Palm Beach Shareholder Stephen J. Krigbaum and Associate Michael D. Sloan were mentioned in the Law360 article, “Takata, Honda Get Claims Trimmed in Air Bag MDL.” The attorneys represent Takata Corp., an airbag manufacturer, in multidistrict litigation over potentially explosive airbags.

U.S. District Court Judge Federico A. Moreno dismissed in full or in part 11 claims against Takata, including counts for negligence, negligent failure to recall and unjust enrichment. Takata had filed a motion to dismiss the plaintiffs’ second amended economic loss complaint in July 2015 and presented oral arguments in October 2015.

Judge Moreno’s orders, which were released this week, granted dismissal of claims for negligent failure to recall on behalf of a California subclass because the state’s economic loss rule barred the claim. He dismissed another negligence claim brought under Michigan law for all but the two plaintiffs in Michigan’s subclass since Michigan’s economic loss rule barred the claim. Another count regarding unjust enrichment against Takata was dismissed because the manufacturer did not directly benefit from the plaintiffs’ purchases of their vehicles, according to the order.

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