1. As used in this act:
"Manufacturer" means (1) any person who designs, formulates, produces, creates, makes, packages, labels or constructs any product or component of a product; (2) a product seller with respect to a given product to the extent the product seller designs, formulates, produces, creates, makes, packages, labels or constructs the product before its sale; (3) any product seller not described in paragraph (2) which holds itself out as a manufacturer to the user of the product; or (4) a United States domestic sales subsidiary of a foreign manufacturer if the foreign manufacturer has a controlling interest in the domestic sales subsidiary.
"Product liability action" means any claim or action brought by a claimant for harm caused by a product, irrespective of the theory underlying the claim, except actions for harm caused by breach of an express warranty.
"Product seller" means any person who, in the course of a business conducted for that purpose: sells; distributes; leases; installs; prepares or assembles a manufacturer's product according to the manufacturer's plan, intention, design, specifications or formulations; blends; packages; labels; markets; repairs; maintains or otherwise is involved in placing a product in the line of commerce. The term "product seller" does not include:
(1) A seller of real property; or
(2) A provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill or services; or
(3) Any person who acts in only a financial capacity with respect to the sale of a product.
Notes of Decisions
Naporano Iron & Metal Co. v. Am. Crane Corp., 79 F. Supp. 2d 494 (D.N.J. 2000).
· cites it 2× “See N.J.S.A. § 2A:58C-8 (West Supp.1999) (“Product seller means any person who, in the course of a business conducted for that purpose: sells, distributes; leases; installs; prepares or assembles a manufacturer’s product according to the manufacturer’s plan, intention, design,…”
Kemly v. Werner Co., 151 F. Supp. 3d 496 (D.N.J. 2015).
· cites it 2× “"seller,” see N.J.S.A. § 2A:58C-8, - . The PLA does not, however, "‘recognize either negligence or implied breach of warranty as separate claims for harm caused by a defective product,’ ” because " ‘those claims have, been subsumed within the [PLA’s] new statutory cause of…”
Fid. & Guar. Ins. Underwriters, Inc. v. Omega Flex, Inc., 936 F. Supp. 2d 441 (D.N.J. 2013).
· cites it 3× “¶ 40 (asserting that “Drexel was engaged in the business of installing, testing, inspecting, marketing, selling and/or distributing CSST, and did install, inspect, test, market, sell and/or distribute the CSST”) with N.J. Stat. Ann. § 2A:58C-8 (defining a product seller as “any…”
Thomas v. Ford Motor Co., 70 F. Supp. 2d 521 (D.N.J. 1999).
· cites it 2× “N.J.S.A. 2A:58C-8 (emphasis added). While the New Jersey courts have analyzed claims for negligent installation in only two cases since the passage of this amendment, in neither case did they address the effect of this amendment on the Ramos holding.”
Worrell v. Elliott & Frantz, 799 F. Supp. 2d 343 (D.N.J. 2011).
· cites it 2× “…packages; labels; markets; repairs; maintains or otherwise is involved in placing a product in the line of commerce. NJ. Stat. Ann. § 2A:58C-8.”
Ebenhoech v. Koppers Indus., Inc., 239 F. Supp. 2d 455 (D.N.J. 2002).
“” N.J.S.A. 2A:58C-8. Therefore, because defendant has stated that it “manufactured a chemical substance known as phthalic anhydride, which it loaded onto a railroad tank car which was leased to Hoppers,” (Def.”
Torres v. Lucca's Bakery, 487 F. Supp. 2d 507 (D.N.J. 2007).
· cites it 2× “” N.J.S.A. § 2A:58C-8. " 'Manufacturer' means (1) any person who designs, formulates, produces, creates, makes, packages, labels or constructs any product or component of a product; (2) a product seller with respect to a given product to the extent the product seller designs,…”
Kallman v. Aronchick, 981 F. Supp. 2d 372 (E.D. Pa. 2013).
“Aronchick received a $1000 payment for his participation as a consultant to the Salix Defendants and was paid royalties related to the sale of OsmoPrep.”
Universal Underwriters Ins. Grp. v. Pub. Serv. Elec. & Gas Co., 103 F. Supp. 2d 744 (D.N.J. 2000).
“” See N.J.S.A. 2A:58C-8 (West Supp.2000). However this subsequent amendment has no effect on the holding of Ridenour because the appellate division found that, notwithstanding the lack of a statutory directive, New Jersey common-law mandated the application of the NJPLA to the…”
Thomas v. Ford Motor Co., 111 F. Supp. 2d 529 (D.N.J. 2000).
“2A:15-3 (Counts I and II), statutory product liability under N.J.S.A. 2A:58C-8 (Counts III and IV), common law negligence (Count V), breach of express warranty under N.”
Eccleston v. Patriot Harley Davidson, Inc., 75 Va. Cir. 421 (Prince William Cir. Ct. 2006).
“N.J. Stat. Ann. § 2A:58C-8. Second, Patriot must file an affidavit “certifying the correct identity of the manufacturer of the product which allegedly caused the injury, death, or damage.”
N.J. Stat. § 2A:58C-8(3): 1 case
Kallman v. Aronchick, 981 F. Supp. 2d 372 (E.D. Pa. 2013).
“Aronchick received a $1000 payment for his participation as a consultant to the Salix Defendants and was paid royalties related to the sale of OsmoPrep.”
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