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Recent Cases:

Commercial Products | Drugs | Food
Industrial Products & Equipment | Transportation

Commercial Products

• Homeowners satisfied requirements for class arbitration of construction defect claims

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Drugs

• Learned intermediary doctrine does not bar failure to warn claim

• Improper marketing of Baycol

• Court properly denied defendant’s request for venue change based on pretrial publicity

• No federal preemption of failure to warn claim

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Food

• Listeria contamination of deli turkey

• Negligent food preparation procedures resulting in contamination of tuna appetizer

• State cannot compel tuna canners to warn of mercury health risks

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Industrial Products & Equipment

• Failure to warn of dangers of asbestos

• New York rejects “product line” exception to successor company immunity

• Lack of light curtain for press brake

• Statute barring nonresidents from suing in state’s courts is not applicable to suits against state’s residents

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Transportation

• Sanctions against automaker proper where defendant engaged in widespread pattern of discovery abuse

• Unstable design of SUV
  

• Lack of nylon cap ply on tire

• Federal law preempts defective window glazing claim

• Insufficient roof strength in pickup truck

• Dealer may have duty to tell nondriving co-purchaser about air bag warning in owner’s manual

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