Levin Simes Abrams 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 Abrams, had the LG vape battery in his pocket when it exploded, caught fire, and burned him severely.
LG 18650 Battery Fire
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 Abrams produced 2,000 pages of discovery to show:
- LG made hundreds of shipments through the port of Houston, Texas and Texas City, Texas
- Over one hundred of the imports were cosigned by LG, either LGC or LGC America.
- Imports from LG to Texas companies buyers also numbered in the hundreds, in addition to the imports through Texas ports to non-Texas companies
- Dozens of Texas companies are receiving LG batteries, including 18650 LG batteries
- Stanley Black and Decker notes LG is a “peer in innovation in consumer durables”, and the battery powered device manufacturer has three facilities in Texas.
- Counsel for LG conceded they ship lithium-ion 18650 batteries directly into Texas
- LGC wholly owned LGC America
LG Sells 18650 Batteries in Texas
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.
Texas and National Vape Battery Injury Lawyer
Levin Simes Abrams has many clients in Texas, as well as many other states. Levin Simes Abrams is a national product liability law firm and we can investigate your case. To speak with a vape burn attorney, contact us at 415-426-3000 or [email protected]