§Why CasetextPricing

Hinson et al v. Dorel Juvenile Group, Inc.

MOTION for Summary Judgment

18 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,828 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,440 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  3. Nissan Motor Co. Ltd. v. Armstrong

    145 S.W.3d 131 (Tex. 2004)   Cited 341 times   2 Legal Analyses
    Holding that the trial court did not err in dismissing the plaintiff's fraud claims where she had "obtained her car from her parents six years after they bought it from Nissan" and "Nissan had no involvement or pecuniary interest in the transaction," meaning Nissan had "no duty to disclose" any defect

  4. General Chemical Corp. v. De La Lastra

    852 S.W.2d 916 (Tex. 1993)   Cited 128 times
    Holding that defendant invited error when it "requested the very issues that it now seeks to avoid"

  5. Gideon v. Johns-Manville Sales Corp.

    761 F.2d 1129 (5th Cir. 1985)   Cited 144 times
    Holding that the impartiality of the plaintiff's medical expert, in light of the fact that almost all of his patients were referred to him by plaintiff's attorneys, was for the jury to consider

  6. Wright v. Ford Motor Co.

    508 F.3d 263 (5th Cir. 2007)   Cited 66 times
    In Wright, this Court analyzed whether the presumption was applicable and then explained that a "fact question as whether the presumption has been rebutted will be submitted to the jury."

  7. Ford Motor Co. v. Miles

    967 S.W.2d 377 (Tex. 1998)   Cited 67 times
    Finding that carrying passengers is the ordinary purpose of passenger truck

  8. USX Corp. v. Salinas

    818 S.W.2d 473 (Tex. App. 1991)   Cited 56 times
    Holding that sufficient evidence supports disfigurement award when plaintiff presented evidence that he "cannot stand straight" and, due to injury, walks "with a flat-foot stiff gait"

  9. Miles v. Ford Motor Co.

    922 S.W.2d 572 (Tex. App. 1996)   Cited 30 times
    Holding that particular purpose must be non-ordinary and finding no warranty for a particular purpose existed where the plaintiff used his truck to carry passengers

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  11. Section 41.001 - Definitions

    Tex. Civ. Prac. & Rem. Code § 41.001   Cited 609 times   6 Legal Analyses
    Defining the standard for gross negligence

  12. Section 41.003 - Standards for Recovery of Exemplary Damages

    Tex. Civ. Prac. & Rem. Code § 41.003   Cited 583 times   4 Legal Analyses
    Permitting recovery of exemplary damages if the claimant proves that fraud, malice, or gross negligence caused the harm at issue

  13. Section 30101 - Purpose and policy

    49 U.S.C. § 30101   Cited 244 times   4 Legal Analyses
    Stating that "the purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents"

  14. Section 82.008 - Compliance With Government Standards

    Tex. Civ. Prac. & Rem. Code § 82.008   Cited 45 times   2 Legal Analyses

    (a) In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the product's formula, labeling, or design complied with mandatory safety standards or regulations adopted and promulgated by the federal government, or an agency of the

  15. Section 30111 - Standards

    49 U.S.C. § 30111   Cited 42 times   3 Legal Analyses
    Defining FMVSS as a "minimum standard"

  16. Section 30112 - Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment

    49 U.S.C. § 30112   Cited 30 times   6 Legal Analyses
    Prohibiting manufacture for sale or introduction of motor vehicle not in compliance with an FMVSS into interstate commerce

  17. Section 571.7 - Applicability

    49 C.F.R. § 571.7   Cited 6 times

    (a)General. Except as provided in paragraphs (c) and (d) of this section, each standard set forth in subpart B of this part applies according to its terms to all motor vehicles or items of motor vehicle equipment the manufacture of which is completed on or after the effective date of the standard. (b) [Reserved] (c)Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications

  18. Section 554.1 - Scope

    49 C.F.R. § 554.1   Cited 2 times

    This part establishes procedures for enforcing Federal motor vehicle safety standards and associated regulations, investigating possible safety-related defects, and making non-compliance and defect determinations. 49 C.F.R. § 554.1