Legal Opinion
Emslie v. BORG-WARNER AUTOMOTIVE, INC.
Court of Appeals for the Second Circuit
Decided August 25, 2011No. Docket 10-2285-cvPublishedCited by 4 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
Plaintiffs James and Lisa Ann Emslie appeal from dismissal of their case in the United States District Court for the Western District of New York (Curtin, /.). The court granted summary judgment in favor of the defendant Borg-Warner Automotive, Inc., and dismissed the suit as against defendant Recreative Industries, Inc. on the basis of forum non conveniens. The suit alleged that plaintiffs suffered injury caused by a defectively designed transmission of an all-terrain vehicle (“ATV”) manufactured by the defendant Recreative on the basis of a design originally created by…
2Cases cited5 opinions
- Wright v. GoordCourt of Appeals for the Second Circuit · 2009
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Sage v. Fairchild-Swearingen Corp.New York Court of Appeals · 1987
- Blackburn v. Johnson Chemical Co.New York Supreme Court · 1985
- Reliastar Life Insurance v. Home Depot U.S.A., Inc.Court of Appeals for the Second Circuit · 2009
3Cited by4 opinions
- Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating DistrictCourt of Appeals for the Second Circuit · 2012
- EMSLIE, JAMES v. RECREATIVE INDUSTRIES, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- Emslie v. Recreative Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Emslie v. Recreative Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2013