Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Homesite Ins. Co. v. Shenzhen Lepower Int'l Electronics Co. Ltd.

Insurer Fails to Allege Strict Products Liability on Defect, Failure to Warn Theories

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION and ORDER I. INTRODUCTION On August 11, 2023, Homesite Insurance Company (“Homesite” or “plaintiff”) filed this action in Supreme Court, Oneida County, against Amazon.com, Inc. (“Amazon”). See Dkt. No. 2. Thereafter, Amazon removed the action to federal court pursuant to 28 U.S.C. §1441(b), which authorizes removal of a civil action from state to federal court if diversity of citizenship exists. Dkt. No. 1. On September 14, 2023, Homesite and Amazon filed a joint stipulation, agreeing to discontinue the claims against Amazon without prejudice and substitute Shenzhen Lepower International Electronics Co., Ltd. (“Lepower” or “defendant”) as the party defendant. Dkt. No. 12. In accordance with the parties’ joint stipulation, plaintiff filed an amended complaint reflecting the terms of the stipulation. Dkt. No. 13. On September 15, 2023, the parties’ joint stipulation was adopted, and plaintiff’s amended complaint was accepted. Dkt. Nos. 15, 16. Pursuant to the joint stipulation, defendant was allowed sixty days “to answer or otherwise move.” Dkt. No. 12. On November 11, 2023, Lepower moved to dismiss the amended complaint under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). Dkt. No. 19. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND Homesite is an insurance company duly authorized to issue insurance policies in New York State. Compl. 1. Adam Long (“Long”) is the owner of property located at 1605 Carroll Street, Rome, New York (the “Long property”). Id. 2. Homesite insured the Long property. Id. 3. Long purchased a First Power replacement battery (the “battery”) from Amazon. Compl. 7. Lepower, a business entity based in Shenzhen, China, manufactured and/or distributed the battery. Id. 9. On September 18, 2022, the battery caught fire at the Long property. Compl.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements