• July 22, 2009

Last March, in regard to a product liability case concerning a recall of a crib with a defective dropside, this blog suggested a pending Eighth Circuit case, if it went the plaintiffs’ way, would signal a dramatic change in Eighth Circuit law, but went on to predict that plaintiffs would lose.

Today, the proverbial “other shoe” dropped, and, as predicted, plaintiffs lost the appeal of the dismissal, with prejudice, of their class action complaint. “No-injury suits such as this one . . . are routinely dismissed for failure to state a claim,” the Eighth Circuit held. “The [Plaintiffs’] crib performs just as it was intended, and thus there is no injury and no basis for relief.”

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