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
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
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
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
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
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…
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