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What's New in the Courts

January 13, 2006

New York Appellate Division Outlines Appropriate Scope of Discovery in Tread Separation Cases.

Written by Steve Herman
January 13, 2006

District Court Refuses to Dismiss Products Case Due to Spoliation Where Airbags Were Removed and Lost by Junkyard.

Written by Steve Herman
January 13, 2006

Tenth Circuit Allows Plaintiff to Raise Alteration Theory the Morning of Trial Where Defendant Springs Change in Position on the Plaintiff After the Close of Discovery.

Written by Steve Herman
January 13, 2006

Seventh Circuit Affirms Dismissal of Case Against Goalpost Manufacturer under Indiana Products Liability Act in the Absence of Sufficient Cost-Benefit Analysis.

Written by Steve Herman
January 13, 2006

District Court in Pennsylvania Finds Failure to Warn Claims Preempted Based on the new FDA Preemption Preamble and Amicus Brief.

Written by Steve Herman
January 13, 2006

California Court of Appeal Rejects Assumption of Risk from Off-Road Collision with Underage Operator of ATV.

Written by Steve Herman
January 13, 2006

New Jersey Court Rejects Application of Michigan Products Liability Act where Drugs are Manufactured in New Jersey.

Written by Steve Herman
January 13, 2006

Second Circuit Reverses Dismissal of Product Liability Action due to Misapplication of the Discovery Rule.

Written by Steve Herman
January 13, 2006

Punitive Damage Award Reduced in Claim Against Chrysler for Defective B-Pillar in Pick-Up Truck.

Written by Steve Herman
January 13, 2006

Divided Tenth Circuit Panel Concludes that Third-Party’s Benefits Determination is Entitled to Deference.

Written by Steve Herman