... TASER filed a Motion for Summary Judgment in an attempt to end the litigation, asking the court to find, as a matter of law, that ECDs do not cause cardiac arrest, and that TASER had no duty to warn users of its products about such a risk.
In denying TASER's Motion for Summary Judgment, Judge Almquist found the evidence sufficient for a jury to determine: 1) whether the TASER Model X26 caused Butler's cardiac arrest, 2) whether TASER is strictly liable for failing to warn of cardiac risks associated with its ECDs, 3) whether TASER intentionally deceived police officers concerning the cardiac safety of its ECDs, 4) whether TASER negligently misrepresented the cardiac safety of ECDs, and 5) whether TASER should pay punitive damages based on fraud and malice.
Judge Almquist also found that a portion of TASER's motion was "substantially immaterial and irrelevant to the substance of the motion and created unnecessary time and expense for the parties and the court" and was filed in "bad-faith" (*). He ordered TASER to pay plaintiffs' counsel the sum of $15,000 in attorneys' fees to compensate them for the time spent responding to TASER's motion. [LINK]
To repeat, Taser International has to pay the plaintiffs' counsel $15,000.
* Wiki: Bad faith (Latin: mala fides) is a legal concept in which a malicious motive on the part of a party in a lawsuit undermines their case. ...
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