Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Fabian v. Fulmer Helmets, Inc., 10-5009

By FindLaw Staff on December 23, 2010 3:04 PM

Suit against a helmet manufacturer under the Safety Act

Fabian v. Fulmer Helmets, Inc., 10-5009, concerned a challenge to the district court's grant of defendant's motion to dismiss the suit on the ground that plaintiff's complaint fails to state a cognizable claim, in plaintiff's suit against the defendant, helmet manufacturer, for misrepresenting the safety of its helmets.


In reversing and remanding, the court held that, because plaintiff has nudged his claims across the line from conceivable to plausible, he deserves a shot at additional factual development which is what discovery is designed to give him.  The court also held that that the Safety Act does not expressly create a private enforcement action does not by itself defeat plaintiff's claims, as he has filed each claim under Tennessee law, which authorizes private enforcement actions for fraudulent and negligent misrepresentation.  Lastly, the court held that plaintiff's claims do not "actually conflict" with the requirements of, or the purposes of the Safety Act or Standard 218, as they do not change Standard 218's technical requirements, they do not disturb Standard 218's labeling requirements, and they do not add a new requirements that interferes with what Standard 218 already requires.

Related Link:


You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options