May 13, 2025
On May 7, 2025, the litigation team at Forman Watkins & Krutz LLP, including attorneys Joshua Metcalf, Peyton Smith, and Haley Arndt, recently won a significant victory in a Dallas, Texas federal court, securing a full dismissal with prejudice of all claims brought against our client. The Honorable United States District Judge Jane J. Boyle of the Northern District of Texas granted Forman Watkins’ Motion to Dismiss, bringing an early and favorable resolution to the matter. The plaintiff alleged that he was severely injured while shopping at a home improvement store near Dallas, Texas, asserting claims of negligence and product liability against the client. In response, the FormanWatkins team argued that the plaintiff failed to state a cognizable claim under Texas law, pointing out two fatal flaws in the plaintiff’s pleading. First, the complaint failed to allege a specific manufacturing defect attributable to the client that was present when the product left the client’s control. Second, the Complaint failed to specify any acts or omissions of the client that could be considered a breach of the duty of care that a product manufacturer owes to a consumer. The Court agreed, ruling that the plaintiff’s complaint lacked sufficient factual support. Notably, the plaintiff had already been granted two prior opportunities to amend the complaint, yet still failed to meet the necessary pleading standards. As a result, the Court dismissed the case with prejudice, barring the claims from being refiled. This early dismissal highlights FormanWatkins’ commitment to efficient, strategic litigation defense, and […]