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Recent Cases:

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

Clothing

• Fiber in bulletproof vests degrades in heat, humidity

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Commercial Products & Equipment

• Failure to warn against using pesticide near shellfish

• Defective design of pull-down ladder

• Expert’s failure to be present at product testing did not render testimony unreliable

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Drugs

• Plaintiff in Rezulin suit raised fact question about when she discovered injury, link to drug

• Plaintiff in DES case raised fact question as to whether drug taken by her mother was made by defendant

• Inadequate warning claim would be preempted based on new FDA regulatory language

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Food & Beverages

• Service of adulterated food product

• Defective, over-pressurized beverage

• Whether soda was defective because it lacked warning is fact question

• Expert’s differential diagnosis was reliable despite his failure to rule out all potential causes of illness

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Industrial Products & Equipment

• Lack of emergency stop bar on doughbreak machine

• Alternative design testimony is not speculative where design was used on other models

• Inadequate gate-stop mechanism on security gates

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Transportation

• Insufficient seat strength in passenger car

• Defective design of underride guard on flatbed truck
  

• Unstable design of SUV

• Defective design of seat belt rendering latch prone to release

• Defective design of tire that lacked nylon overlays

• Unstable design, improper testing of SUV

• Insufficient roof strength in pickup truck

• Oklahoma law permitting punitives, rather than Michigan law prohibiting them, applies in lawsuit

• Stay of products suit pending disposition of appeal in similar suit is unduly prejudicial to plaintiffs

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