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BT Product Liability - News and Trends in Product Liability Litigation
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18 Apr 2017 3 Questions Raised by Decision Expanding Failure to Warn Manufacturer Liability

    In Taylor v. Intuitive Surgical, Inc., the Washington Supreme Court held that a patient-plaintiff may now recover for a medical device manufacturer’s failure to provide adequate warning to a purchasing hospital—despite the manufacturer’s provision of adequate warning to the patient-plaintiff’s treating physician. This post addresses three key questions:   How did the court come to this decision?   Taylor relies on three unobjectionable steps to justify its bold holding. First, under the Washington Product Liability Act (WPLA), manufacturers have a statutory duty to…

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07 Feb 2017 Connecticut Supreme Court Affirms Commitment to §402A of the Restatement (Second) and Consumer Expectation Tests

  In the waning days of 2016, the Connecticut Supreme Court delivered a significant setback to product manufacturers hoping for adoption of a more stringent burden of proof in strict product liability actions. In Bifolck v. Philip Morris, Inc., Connecticut’s high court sought to clarify the evidentiary burdens set forth in the Connecticut Product Liability Act (CPLA), and whether to abandon its past adherence to § 402A of the Restatement (Second) of Torts in favor of § 2(b) of the Restatement (Third).   Adoption of…

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