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products liability
Cole v. Ford Motor Co. in Trial for Third Time
The third trial involving the 2001 death of former New York Mets prospect Brian Cole is taking place before Judge Billy Joe Landrum in Laurel or Paulding (I have heard both). Ford Motor Co. is the defendant. The lawsuit alleges defects in a seatbelt and a propensity of an Explorer to...
BP Spill Fund vs. 9/11 Fund
An article in Saturday's NY Timescompares the work ahead of Ken Feinberg with the BP Oil Fund, with his prior work on the 9/11 Fund. - SBS
Bublick on Drunk Driving and Crashworthiness
Ellen Bublick (Arizona) has posted to SSRN The Tort-Proof Plaintiff: The Drunk in the Automobile, Crashworthiness Claims, and the Restatement (Third) of Torts. The abstract provides: This article, for the Brooklyn Law School Symposium on the 10th Anniversary of the...
SC Adopts Risk-Utility As Sole Test in Design Defect Cases, Also on Post-Distribution Evidence and Punitive Damages
In an opinion filed on Monday, the South Carolina Supreme Court adopted the risk-utility test for design defect cases, rejecting use of a consumer expectations test. Under the risk-utility test, the court held that the plaintiff was required to present...
Philadelphia Personal Injury Suit Charges Toyota, BP in Teen's Death
Toyota is back in the news, this time as one of 13 defendants charged in a wrongful death and product liability suit filed in Philadelphia this week. Personal injury attorneys are suing Toyota, BP America Inc. and others on behalf of a Camp Hill, Pennsylvania mother whose teen-aged son died in a...
