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Airplane Product Liability | Massachusetts
Notice of Hearing
NOTICE OF HEARING: Initial Pretrial Conference set for 10/21/2026 at 3:00 PM in a remote proceeding by zoom before District Judge Julia E. Kobick.
The parties need not file a memorandum in advance of the conference, but they shall confer in advance on the anticipated length of the trial, the number of expected witnesses, suggested trial dates, and whether they are interested in mediation before trial. (Currie, Haley)
Order
District Judge Julia E. Kobick: MEMORANDUM AND ORDER ON EMBRAER, S.A. AND EMBRAER AIRCRAFTCUSTOMER SERVICES, LLC'S MOTION FOR SUMMARY JUDGMENT ANDMOTIONS TO EXCLUDE EXPERT TESTIMONY entered. For the foregoi ng reasons, the motion for summary judgment, ECF 95 , is GRANTED in part and DENIED in part. Summary judgment will enter for Embraer Aircraft Customer Services, LLC and Embraer Customer Services, Inc. on Counts III, IV, V, and VI of the compl aint, but not for Embraer, S.A. on Counts I and II of the complaint. The motion to exclude the expert testimony of Drs. Harrison, Kaniecki, and Howard, ECF 99 , is DENIED. And the motion to exclude the expert testimony of Anderson, ECF 98 , is GRANTED in part and DENIED in part. Anderson may testify that Embraer could have anticipated, but failed to adequately warn crew members about, the dangers of the recirculation fan failures, but she may not testify about any alleged design deficiencies or proposed alternative designs of the E-190 aircraft. SO ORDERED. (Currie, Haley)
For the foregoi ng reasons, the motion for summary judgment, ECF 95 , is GRANTED in part and DENIED in part. Summary judgment will enter for Embraer Aircraft Customer Services, LLC and Embraer Customer Services, Inc. on Counts III, IV, V, and VI of the compl aint, but not for Embraer, S.A. on Counts I and II of the complaint. The motion to exclude the expert testimony of Drs. Harrison, Kaniecki, and Howard, ECF 99 , is DENIED. And the motion to exclude the expert testimony of Anderson, ECF 98 , is GRANTED in part and DENIED in part. Anderson may testify that Embraer could have anticipated, but failed to adequately warn crew members about, the dangers of the recirculation fan failures, but she may not testify about any alleged design deficiencies or proposed alternative designs of the E-190 aircraft.
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