In Re Air Bag Products Liability Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that, under Texas law, the “plaintiffs’ failure to demonstrate or, even allege, manifest injury or defect shatters an essential element of all them tort and implied warranty claims”
• deciding issue of standing to sue for Texas breach-of-warranty claims in federal court and making no reference to Texas precedent on standing to sue
• recognizing claim for breach of implied warranty of merchantability requires that the alleged defect has or would manifest itself during the product’s normal use
• explaining that under Texas law a merchantability claim must include an allegation that a vehicle component “functioned improperly under normal use”
• recognizing claim for breach of implied warranty of merchantability requires that the alleged defect has or would manifest itself during the product = s normal use
• dismissing all claims for lack *Page 630 of injury, where plaintiffs claimed that air bags were \dangerously defective\ because they deployed with excessive force

Source: CourtListener parenthetical corpus (CC0).