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Two object to the terms of potential class action settlement over smell from Purina pet food plant

Two object to the terms of potential class action settlement over smell from Purina pet food plant
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The Sixth Circuit Tackles Twombly, Iqbal And The Malfunction Theory | Cozen O Connor

To embed, copy and paste the code into your website or blog: Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds to the doctrine of res ipsa loquitur in negligence cases. Generally, the concept is that if a product fails in a fashion that most likely would not have occurred if it were not defective, and reasonable alternative explanations can be ruled out, the jury is permitted to conclude that the product was defective, even absent specific proof of a defect. The Malfunction Theory is adopted at Section 3 of the

Preliminary settlement submitted in nuisance class action pitting neighbors against Purina pet food facility

Witkes | Manko Gold Katcher & Fox ALLENTOWN – A settlement has been preliminarily approved in a class action brought by a local couple against the makers of Purina pet food, who said odors from their Allentown processing plant have substantially and negatively impacted their quality of life. Mark Fuehrer and Lori Fuehrer of Allentown first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 11 versus Nestle Purina Petcare Co., of St. Louis, Mo. The plaintiffs live about 1.75 miles from the Nestle Purina pet food manufacturing facility in Allentown, where they said their property “has been and continues to be physically invaded by noxious odors…which entered plaintiffs’ property originating from defendant’s facility.”

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