Legal Opinion

Patricia Ayala v. Gabriel Building Supply

Court of Appeals for the Fifth Circuit

Decided May 28, 2014No. 13-30532, 13-31246UnpublishedCited by 15 opinions

1Opinion of the Court

PER CURIAM: *

Patricia Ayala brought suit in Louisiana state court against a manufacturer, its insurers, and a retail store alleging that defects in a propane heater caused the death of her husband. The case was removed to federal court by the manufacturer and insurers who argued the non-diverse retailer, Gabriel Building Supply, was improperly joined. The district court, finding improper joinder, dismissed Gabriel, and retained jurisdiction over the remaining defendants. The court later granted summary judgment for the defendants on Ayala’s products liability claim. The district court also…

2Cases cited28 opinions

  1. Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
  2. Adrian Cavallini v. State Farm Mutual Auto Insurance Co.Court of Appeals for the Fifth Circuit · 1995
  3. Stahl v. Novartis Pharmaceuticals Corp.Court of Appeals for the Fifth Circuit · 2002
  4. Tony Mumfrey v. CVS Pharmacy, Inc.Court of Appeals for the Fifth Circuit · 2013
  5. McDonal Ex Rel. McDonal v. Abbott LaboratoriesCourt of Appeals for the Fifth Circuit · 2005

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3Cited by15 opinions

  1. Lyles v. Medtronic Sofamor Danek, USA, Inc.Court of Appeals for the Fifth Circuit · 2017
  2. Toby Arant v. Wal-Mart Stores, IncorporatedCourt of Appeals for the Fifth Circuit · 2015
  3. Blackburn v. Right Way Auto Transport, Inc.District Court, E.D. Texas · 2023
  4. Cali-Curl Inc LLC v. Marianna Industries IncDistrict Court, N.D. Texas · 2023
  5. Dang v. Toyota Motor Sales, U.S.A., Inc.District Court, E.D. Louisiana · 2024

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