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Date: 10-16-2024
Case Style:
Marissa Sanchez v. Walmart, Inc.
Case Number: 1:23-cv-01297
Judge: Manish S. Shah
Court: United States District Court for the Northern District of Illinois (Cook County)
Plaintiff's Attorney:
Defendant's Attorney: Kelly Mannion Ellis, Amanda L Groves, Jonathan Brightbill, Reid F. Smith
Description:
Chicago, Illinois personal injury product liability lawyer represented the Plaintiff.
Defendant Walmart, Inc. manufactures and sells frozen seafood products that are labeled as sustainably sourced. Plaintiff Marissa Sanchez purchased some of these products at a Walmart store and alleges that Walmart's “sustainable” message is deceptive. She seeks to represent a class of consumers and brings claims against Walmart for violations of the Illinois Consumer Fraud Act and eight other state consumer protection statutes, the Uniform Deceptive Trade Practices Act, and for unjust enrichment. Walmart moves to dismiss under Rule 12(b)(1) for lack of standing and Rule 12(b)(6) for failure to state a claim.
Illinois product liability law holds manufacturers, distributors, and retailers responsible for injuries caused by defective or dangerous products. To win a product liability lawsuit in Illinois, you must prove:
The injury was caused by a defect or condition of the product
The defect was unreasonably dangerous
The defect was present when the product left the defendant's control
The defendant was in the business of selling the product
A product defect can be related to the product itself, its packaging, labeling, display, or advertising. A product is not defective if it performs as intended or is safe for normal use.
A plaintiff can also prove negligence by showing that the defendant knew of the dangers of the product and didn't warn consumers, or was careless in manufacturing or testing.
A product liability action must be brought within 12 years from the date of first sale, lease, or delivery of the product. However, if the defendant promised the product for a longer period, the action can be brought within that period.
Outcome: For the reasons discussed below, the motion to dismiss for lack of standing is denied in part and granted in part. The motion to dismiss for failure to state a claim is denied in part and granted in part.
Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: