Mayer is pleased to announce the recent affirmation of a summary judgment by the United States Court of Appeals for the Fifth Circuit in favor of our client, represented by Wes Alost and Andrew Upton. Andrew argued the case at the Fifth Circuit.

The case originated in the United States District Court for the Southern District of Texas and involved third-party plaintiffs/appellants seeking indemnification from our client, a leading customized packaging solutions provider, under the Texas Products Liability Act. The dispute arose from an injury caused by a falling shipping container, known as a termos. The termos was used for the sole purpose of securing automotive parts while in transit from one plant to another, where the auto parts were unpacked and the termos sent back to the first plant to be reused; the termos never reached the consuming public. The district court ruled in favor of our client, granting summary judgment and determining that the appellants did not meet the criteria of being "sellers" under the Texas Products Liability Act.

The Fifth Circuit affirmed the summary judgment, “agree[ing] for substantially the same reasons as detailed by the district court” that the appellants were not engaged in the business of distributing or placing the shipping containers into the stream of commerce, therefore excluding them from the scope of indemnification under the Texas Products Liability Act.

We are proud of Wes and Andrew’s diligence and perseverance throughout the entirety of the case, resulting in achieving another outstanding result for a Mayer client.