Legal Opinion

Monique Roman v. Western Manufacturing, Inc.

Court of Appeals for the Fifth Circuit

Decided August 17, 2012No. 10-31271PublishedCited by 60 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

A jury found Western Manufacturing, Inc. liable to Dorel Roman under the Louisiana Products Liability Act for injuries caused by a defect that rendered one of its stucco pumps unreasonably dangerous. Western argues the expert testimony underlying Roman’s case was inadmissible under the Federal Rules of Evidence and insufficient under Louisiana law to sustain liability; it also argues the district court’s increase of the jury’s damage award violated the Seventh Amendment. Roman cross-appeals. We AFFIRM.

FACTUAL AND PROCEDURAL HISTORY

Western is a California…

2Cases cited43 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  4. Dimick v. SchiedtSupreme Court of the United States · 1935
  5. Thomas Pipitone, and Bonnie Pipitone v. Biomatrix, Inc., Biomatrix, Inc.Court of Appeals for the Fifth Circuit · 2002

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3Cited by60 opinions

  1. Equal Employment Opportunity Commission v. Boh Bros. Construction Co.Court of Appeals for the Fifth Circuit · 2013
  2. Wanda Williams v. The Manitowoc Company, Inc.Court of Appeals for the Fifth Circuit · 2018
  3. Globeranger Corp. v. Software AG United States of America, Inc.Court of Appeals for the Fifth Circuit · 2016
  4. Eastman Chemical Company v. PlastiPure, IncorporatCourt of Appeals for the Fifth Circuit · 2014
  5. Onebeacon Insurance Co. v. T. Wade Welch & AssociatesCourt of Appeals for the Fifth Circuit · 2016

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