Furniture Tip-Over Suit vs Industry Trade Organization Dismissed

Philadelphia Partner Andrew Gallogly recently secured the dismissal of the plaintiff’s complaint in a closely watched Ikea furniture tip-over lawsuit on behalf of an industry trade organization. Vowing in extensive media coverage to take on the entire furniture industry after settling with the dresser manufacturer, the plaintiff sued both the trade organization and a well-known standards setting organization based upon their involvement in the promulgation or promotion of voluntary minimum furniture tip-over standards, which the plaintiff viewed as inadequate. The U.S. District Court for the Eastern District of Pennsylvania granted the defendants’ motions to dismiss the suit for failure to state a claim, holding that the defendants neither owed a legal duty to protect product end users such as the plaintiff, nor assumed such a duty under Section 324A of the Restatement pursuant to Florida law.  A link to Judge Diamond’s June 2, 2020 Opinion in Delong v. American Home Furnishings Alliance is below.