When a Product Recall Actually Gets Into Evidence
A record recall year is putting more recall notices in plaintiffs' files. Getting one admitted turns on Rule 407, the injury timeline, and…
Strict liability, recall reporting
A record recall year is putting more recall notices in plaintiffs' files. Getting one admitted turns on Rule 407, the injury timeline, and…
Design-defect cases turn on the product itself. A working look at the risk-utility and consumer-expectation tests, what Sullivan v. Werner…
Risk-utility or consumer-expectation is not a framing choice, it is the spine of a product case. Why the governing test drives your expert…
A post-injury recall feels like a gift, but Rule 407 often keeps it out of evidence. Here is where the openings sit and why the manufacture…
With the June 24 general causation Daubert hearing days away, the MDL 3140 plaintiff bar is positioned for the most consequential ruling in…