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IN RE LUMBER LIQUIDATORS CHINESE-MANUFACTURED

No. 22-1643.

91 F.4th 174 (2024)

IN RE: LUMBER LIQUIDATORS CHINESE-MANUFACTURED FLOORING PRODUCTS MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION. Carla J. Kappel, as mother and next friend of K.I.T, a minor and A.J.T, a minor as Special Administrator of the Estate of Ozan Tarabus, deceased, Plaintiff-Appellant, v. LL Flooring, Inc., f/k/a Lumber Liquidators, Inc., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 17, 2024.

Attorney(s) appearing for the Case

ARGUED: Kenneth Gordon Anspach , ANSPACH LAW OFFICE, Chicago, Illinois, for Appellants. Halli D. Cohn , TROUTMAN PEPPER HAMILTON SANDERS LLP, Atlanta, Georgia, for Appellee. ON BRIEF: Robert J. Augenlicht , LAW OFFICE OF ROBERT J. AUGENLICHT LLC, Chicago, Illinois; Kathleen Holmes , HOLMES COSTIN & MARCUS PLLC, Alexandria, Virginia, for Appellant. Michael E. Lacy , TROUTMAN PEPPER HAMILTON SANDERS LLP, Richmond, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Wilkinson and Judge Heytens joined. Judge Wilkinson wrote a concurring opinion.

Plaintiff Carla J. Kappel, as mother and next friend of the children of Ozan Tarabus, deceased, and as Special Administrator of his Estate, initiated this Illinois wrongful death lawsuit in an Illinois state court in July 2020 against defendants LL Flooring, Inc., formerly known as Lumber Liquidators, Inc. Plaintiff Kappel's...

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