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BT Product Liability - News and Trends in Product Liability Litigation
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10 May 2017 A Win for Corporate Defendants in the Fight to Limit Personal Jurisdiction

  An opinion out of Missouri offers optimism that courts are beginning to limit personal jurisdiction over a non-resident defendant. In State ex rel. Norfolk Southern Railway Co. v. Dolan, Russell Parker, an Indiana resident, filed suit in St. Louis County, Missouri, against his employer, Norfolk Southern, under the Federal Employer’s Liability Act. Parker, alleged injuries sustained while working in Indiana for Norfolk Southern, a Virginia-based corporation.   The Missouri Supreme Court held that Missouri lacked specific and general personal jurisdiction over Norfolk Southern. As…

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07 Jan 2017 Appeals Court Finds Compliance With Industry Standards Not Relevant

  In a recent decision, the Indiana Court of Appeals held that evidence of a manufacturer’s compliance with industry standards was not relevant in a case alleging negligent design. Terex-Telelect v. Wade, 59 N.E.3d 298 (Ind. Ct. App. 2016).   The plaintiff, Anthony Wade, was injured when he fell from an aerial passenger bucket attached to a truck. Wade alleged that Terex was negligent under the Indiana Product Liability Act in designing the bucket because it was manufactured without an interior step to facilitate egress…

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