A federal court in Texas recently rejected design defect claims in a product liability case when plaintiff failed to offer a required cost estimate fo
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Court of Appeals Addresses Class-wide Arbitration Issue
By Sean Wajert on
Posted in Articles, Class Action
Our loyal readers know that the decision whether a matter gets sent to arbitration, as opposed to being adjudicated through traditional litigation, ca…
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Amicus Weighs In On Daubert Issue in Court of Appeals
By Sean Wajert on
Posted in Articles, Consumer Products
The Product Liability Advisory Council weighed in as amicus earlier this month, asking the Eleventh Circuit to reverse a district court ruling that ha…
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Court of Appeals Compels Arbitration, Not Class Litigation
By Sean Wajert on
The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue. Plaintiff lawye…
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Proof of Feasible Alternative Design Does Not Prove Defect
By Sean Wajert on
Posted in Articles
Readers know that most jurisdictions require that a plaintiff alleging a design defect in a product must produce sufficient evidence of a feasible alt…
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State Supreme Court Adopts Risk Utility Test for Defect
By Sean Wajert on
Posted in Articles, Consumer Products
The South Carolina Supreme Court last week vacated a $31 million verdict for a minor injured in a Ford Bronco rollover accident. Branham v. Ford Motor…
Continue Reading State Supreme Court Adopts Risk Utility Test for Defect