Hawkins Parnell Obtains Federal Appellate Decision in Lithium-Ion Battery Case
October 25, 2023 (San Francisco, CA) - Hawkins Parnell & Young, LLP, obtained a federal appellate decision affirming the dismissal of their client, an international electronics manufacturer, after oral argument before the Ninth Circuit Court of Appeals. Partner Robert Gilbreath, chair of the firm’s appellate practice, oversaw appellate briefing and conducted oral argument in October, 2023, before a three-judge panel sitting for the Ninth Circuit in San Francisco.
Partner Michael Giaquinto obtained a dismissal of the matter in the United States District Court for the Central District of California under Federal Rule 41(b) arguing that the Plaintiff unjustifiably delayed in his prosecution of the action, which involved the alleged explosion of a lithium-ion battery used in an illicit vaping device.
In its opinion affirming HPY’s client’s dismissal, the Ninth Circuit agreed with Mr. Gilbreath’s oral argument that the client’s American entity was a sham defendant and that service of the complaint on this sham defendant did not justify the 455-day delay in serving HPY’s client under the terms of the Hague Convention.
Judgment was entered for HPY’s client who is entitled to costs at both the appellate and trial court levels.