A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective vehicles that were vulnerable to theft while also asserting that Defendants prioritized profits over safety. The vehicles at issue included 2011-2022 Kia vehicles and 2015-2022 Hyundai vehicles that were equipped with traditional “insert-and-turn” steel key ignition systems. Plaintiffs argued that vehicles lacking immobilizer technology were particularly susceptible to theft. According to Plaintiffs, without an immobilizer, anyone with a USB cable could steal the vehicle. Plaintiffs’ lawsuit encompassed various claims, including consumer fraud, unjust enrichment, and deceptive trade practices.
Missouri Court of Appeals Reverses $700,000 Post-Judgment Interest Award in Wrongful Death Case
In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment. Notably, in wrongful death cases, a trial court’s failure to apportion damages among beneficiaries renders a judgment not final and precludes post-judgment interest.
Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.
On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on behalf of a deceased party, that historically could not be brought after death; and (2) allowing trustee-plaintiffs to potentially recover for all damages allegedly suffered by the decedent, not just economic harms stemming from and related to the death of the deceased party.
Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases
The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the Supreme Court case, Boyle v. United Technologies Corporation, and applying admiralty law, held the government contractor defense was applicable to Plaintiff’s claims for product liability, breach of implied warranty, and negligence. In Groton, Defendant Warren Pumps moved for summary judgment asserting the government contractor defense. The court, after analyzing the record and standards for the defense, granted summary judgment in Warren Pumps’ favor.