News and Notes from Sloane and Walsh

Civil Case Dismissal for Product Liability Case

Sloane and Walsh, LLP Attorney Judah Rome, Esq. recently prevailed on a motion to dismiss for our product liability client in United States District Court Rhode Island.

The Court holds that Plaintiffs’ claims are not subject to the PLCAA’s product liability exception. The Court adopts the rationale in Travieso v. Glock Inc.8 See 526 F. Supp. 3d at 545. There, the court noted that product liability claims generally rely on one of three theories: 1) design defects; 2) manufacturing defects; or 3) defects based on inadequate warnings. Id. (citing Restatement (Third) of Torts: Products Liability, § 2). Nonetheless, the PLCAA’s product liability exception only includes “damage resulting directly from a defect in design or manufacture of the product.” Id. (quoting 15 U.S.C. § 7903(5)(A)(v)).

Congratulations to our client on the successful result.

Great win, Judah!