Levin Simes won at the Court of Appeals for the First District of Texas on Tuesday, December 15, 2020. The Appeals Court found that LG Chem America (LGC America) and LG Chem, Ltd. (LGC) could not avoid jurisdiction in Texas after a Texan purchased a LG battery and suffered horrific injuries when it exploded.
The plaintiff, represented by Angela Nehmens and William Levin of Levin Simes, had the LG vape battery in his pocket when it exploded, caught fire, and burned him severely.
LGC America and LCG argued that while the 18650 battery did explode and injury the plaintiff, LG lack the minimum contacts with Texas necessary to assert jurisdiction.
Levin Simes produced 2,000 pages of discovery to show:
The Texas Court of Appeals noted:
[Plaintiff’s] “undisputed jurisdictional allegations and evidence show that LGC designs and manufactures batteries of the type that injured Morgan for the Texas market, and that it markets, sells, and distributes large quantities of such batteries to customers in Texas.”
They also wrote:
“Here, as we discussed above, there is sufficient evidence that LGC intended to serve the Texas market… evidence shows that LGC marketed and shipped many lithium-ion 18650 batteries into Texas through a wholly-owned distributor”
The result is the Appeal Court found LG made and distributed 18650 batteries in Texas, and cannot claim they are not connected to Texas for purposes of a lawsuit regarding 18650 battery explosions.
Levin Simes has many clients in Texas, as well as many other states. Levin Simes is a national product liability law firm and we can investigate your case. To speak with a vape burn attorney, contact us at 415-480-7448 or firstname.lastname@example.org.