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KUHAR v. PETZL COMPANY

Civil Action No. 16-395 (JBS/JS).

NICHOLAS KUHAR, et al., Plaintiffs, v. PETZL COMPANY, d/b/a PETZEL; PETZL AMERICA, INC. d/b/a PETZL; BAILEY'S CORPORATION; UNLIMITED XYZ CORPORATIONS; UNLIMITED JOHN DOES; UINTAH FASTENER & SUPPLY; THOMPSON MANUFACTURING; PORTEOUS FASTENER COMPANY; BRIGHTON-BEST; QUALITY PLATING; Defendants.

United States District Court, D. New Jersey.

August 6, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Notice of Removal - Product Liability
Nature of Suit: 365 Personal Inj. Prod. Liability
Source: PACER

Attorney(s) appearing for the Case

NICHOLAS KUHAR & JULIE KUHAR, Plaintiffs, represented by BRETT CODY SCHNEIDER, CHANCE & MCCANN, KEVIN P. MCCANN, CHANCE & MC CANN, MATTHEW CHRISTIAN WENG, CHANCE & MCCANN & SHANNA MCCANN, CHANCE & MCCANN LLC.

PETZL COMPANY, doing business as PETZEL & PETZL AMERICA, INC, doing business as PETZEL, Defendants, represented by JAMES D. BURGER, WHITE AND WILLIAMS LLP & ROBERT GEORGE DEVINE, WHITE & WILLIAMS, LLP.

BAILEY'S CORPORATION, Defendant, represented by GARY ALAN HURWITZ, March, Hurwitz & DeMarco & JAMES PATRICK MCANDREW, Jr., March Hurwitz & DeMarco, PC.

UINTAH FASTENER & SUPPLY, Defendant, represented by TOBIN A. BUTLER, LITCHFIELD CAVO, LLP.

THOMPSON MANUFACTURING, Defendant, represented by C. SCOTT TOOMEY, LITTLETON JOYCE UGHETTA PARK & KELLY LLP & DANIEL J. KAIN, LITTLETON JOYCE UGHETTA PARK & KELLY LLP.

PORTEOUS FASTENER COMPANY & BRIGHTON-BEST, Defendants, represented by JOSEPH F. SKINNER, KIRMSER, LAMASTRA, CUNNINGHAM & SKINNER.

QUALITY PLATING, Defendant, represented by JEFFREY M. KADISH, Braff, Harris, Sukoneck & Maloof & KEITH HARRIS, BRAFF, HARRIS & SUKONECK.

BAILEY'S CORPORATION, Cross Claimant, represented by JAMES PATRICK MCANDREW, Jr., March Hurwitz & DeMarco, PC & GARY ALAN HURWITZ, March, Hurwitz & DeMarco.

BAILEY'S CORPORATION, Cross Defendant, represented by JAMES PATRICK MCANDREW, Jr., March Hurwitz & DeMarco, PC & GARY ALAN HURWITZ, March, Hurwitz & DeMarco.

PETZL AMERICA, INC & PETZL COMPANY, Cross Defendants, represented by JAMES D. BURGER, WHITE AND WILLIAMS LLP & ROBERT GEORGE DEVINE, WHITE & WILLIAMS, LLP.

THOMPSON MANUFACTURING, Cross Defendant, represented by C. SCOTT TOOMEY, LITTLETON JOYCE UGHETTA PARK & KELLY LLP & DANIEL J. KAIN, LITTLETON JOYCE UGHETTA PARK & KELLY LLP.

UINTAH FASTENER & SUPPLY, Cross Defendant, represented by TOBIN A. BUTLER, LITCHFIELD CAVO, LLP.

UINTAH FASTENER & SUPPLY, Cross Claimant, represented by TOBIN A. BUTLER, LITCHFIELD CAVO, LLP.

PETZL AMERICA, INC & PETZL COMPANY, Cross Claimants, represented by JAMES D. BURGER, WHITE AND WILLIAMS LLP & ROBERT GEORGE DEVINE, WHITE & WILLIAMS, LLP.

UINTAH FASTENER & SUPPLY, Third Party Plaintiff, represented by TOBIN A. BUTLER, LITCHFIELD CAVO, LLP.

Porteous Fastener & Supply, LLC & Brighton Best, Inc., Third Party Defendants, represented by JOSEPH F. SKINNER, KIRMSER, LAMASTRA, CUNNINGHAM & SKINNER.

Quality Plating, Third Party Defendant, represented by BRIAN C. HARRIS, BRAFF HARRIS SUKONECK & MALOOF & KEITH HARRIS, BRAFF, HARRIS & SUKONECK.

Quality Plating, Cross Claimant, represented by BRIAN C. HARRIS, BRAFF HARRIS SUKONECK & MALOOF & KEITH HARRIS, BRAFF, HARRIS & SUKONECK.

Brighton Best, Inc., Porteous Fastener & Supply, LLC, BRIGHTON-BEST & PORTEOUS FASTENER COMPANY, Cross Defendants, represented by JOSEPH F. SKINNER, KIRMSER, LAMASTRA, CUNNINGHAM & SKINNER.

Quality Plating, Counter Claimant, represented by BRIAN C. HARRIS, BRAFF HARRIS SUKONECK & MALOOF & KEITH HARRIS, BRAFF, HARRIS & SUKONECK.

UINTAH FASTENER & SUPPLY, Counter Defendant, represented by TOBIN A. BUTLER, LITCHFIELD CAVO, LLP.

Brighton Best, Inc. & BRIGHTON-BEST, Cross Claimants, represented by JOSEPH F. SKINNER, KIRMSER, LAMASTRA, CUNNINGHAM & SKINNER.

Quality Plating, Cross Defendant, represented by BRIAN C. HARRIS, BRAFF HARRIS SUKONECK & MALOOF & KEITH HARRIS, BRAFF, HARRIS & SUKONECK.

Brighton Best, Inc. & BRIGHTON-BEST, Counter Claimants, represented by JOSEPH F. SKINNER, KIRMSER, LAMASTRA, CUNNINGHAM & SKINNER.

JULIE KUHAR & NICHOLAS KUHAR, Cross Defendants, represented by BRETT CODY SCHNEIDER, CHANCE & MCCANN, KEVIN P. MCCANN, CHANCE & MC CANN, MATTHEW CHRISTIAN WENG, CHANCE & MCCANN & SHANNA MCCANN, CHANCE & MCCANN LLC.

OPINION

I. INTRODUCTION

This is a personal injury case with allegations of a defective climbing harness manufactured or sold by Defendants. This matter is before the Court on the motion of Defendant Thompson Manufacturing ("Defendant," "Thompson" or "TMI") to dismiss Plaintiffs Nicholas Kuhar...

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