1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 628 F.Supp.2d
  5. 628 F.Supp.2d 737 (2009)
 

CUMMINS v. BIC USA, INC.

Civil Action No. 1:08-cv-00019-JHM.

628 F.Supp.2d 737 (2009)

David R. CUMMINS, Conservator for C.A.P., a minor, Plaintiff v. BIC USA, INC., Wal-Mart Stores, Inc., and McDonald's Corporation, Defendants.

United States District Court, W.D. Kentucky, Bowling Green Division.

May 22, 2009.

Attorney(s) appearing for the Case

Jeffrey L. Eastham, Greensburg, KY, Joseph H. Mattingly, III, Mattingly, Nally-Martin & Fowler PLLC, Lebanon, KY, for Plaintiff.

Edward H. Stopher, Jeffrey W. Adamson, Boehl Stopher & Graves, Jennifer Kincaid Adams, Patrick Shane O'Bryan, Woodward, Hobson & Fulton, LLP, Philip M. Longmeyer, Dinsmore & Shohl LLP, Louisville, KY, Steven J. Kirsch, Murnane Brandt, St. Paul, MN, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., District Judge.

This matter is before the Court on Defendant BIC USA's motion for summary judgment on the ground that Plaintiff's claims for product liability, breach of warranty, failure to warn, and violation of the Kentucky Consumer Protection Act are preempted by the Consumer Product Safety Act ("CPSA"), 16 C.F.R. 1210 (1993). For the reasons set forth below, Defendant's motion is DENIED...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases