§Why CasetextPricing

In re Roundup Products Liability Litigation

MOTION for Judgment as a Matter of Law and for Directed Verdict

35 Cited authorities

  1. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,429 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    43 F.3d 1311 (9th Cir. 1995)   Cited 1,275 times   4 Legal Analyses
    Holding that expert testimony was inadmissible based on its unreliable methodology notwithstanding "the impressive qualifications of plaintiffs' experts"

  3. Soule v. General Motors Corp.

    8 Cal.4th 548 (Cal. 1994)   Cited 1,244 times   7 Legal Analyses
    Holding that the consumer expectations test was not appropriate for a claim that a car was defective because the wheel assembly detached in accident

  4. Roby v. McKesson Corp.

    47 Cal.4th 686 (Cal. 2009)   Cited 523 times   5 Legal Analyses
    Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"

  5. Potter v. Firestone Tire &

    6 Cal.4th 965 (Cal. 1993)   Cited 848 times   4 Legal Analyses
    Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community

  6. White v. Ultramar, Inc.

    21 Cal.4th 563 (Cal. 1999)   Cited 462 times   4 Legal Analyses
    Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"

  7. Egan v. Mutual of Omaha Ins. Co.

    24 Cal.3d 809 (Cal. 1979)   Cited 661 times   3 Legal Analyses
    Holding that punitive damages could be awarded against an insurance company based on the tortious acts of its claims representatives

  8. Whiteley v. Philip Morris Inc.

    117 Cal.App.4th 635 (Cal. Ct. App. 2004)   Cited 194 times   3 Legal Analyses
    Holding that where design defect case alleging that defendant's cigarettes were defective was tried under a risk-benefit theory, plaintiff was required to offer competent expert testimony to establish that smoking the defendant's cigarettes was the actual cause of the lung cancer that killed the plaintiff

  9. Anderson v. Owens-Corning Fiberglas Corp.

    53 Cal.3d 987 (Cal. 1991)   Cited 257 times   4 Legal Analyses
    Holding that "knowledge, actual or constructive, is a requisite for strict liability for failure to warn."

  10. Webb v. Special Electric Co., Inc.

    63 Cal.4th 167 (Cal. 2016)   Cited 99 times   5 Legal Analyses
    Recognizing the three strict products liability theories

  11. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,584 times   62 Legal Analyses
    Allowing "renewed motion"

  12. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,785 times   8 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  13. Section 136v - Authority of States

    7 U.S.C. § 136v   Cited 340 times   3 Legal Analyses
    Permitting state regulation of pesticides "but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter"