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Recent Cases:

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

Commercial Products

• Plaintiff seeking to invoke discovery rule need not show defendant concealed its identity

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Consumer Products

• Plaintiff who witnessed fatal fire could assert claim for bystander emotional distress

• Trial court erred in finding federal preemption of claim where product was misbranded

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Drugs

• Inadequate warnings of infant cold drug’s dangers

• Fact issues regarding fraudulent concealment preclude dismissal based on limitations statute

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Food

• Consumers may proceed with deceptive advertising claims against fast-food chain

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Industrial Products & Equipment

• Failure to warn of dangers of asbestos

• Frye hearing is not warranted in case alleging injury from exposure to automotive friction products

• Lack of grounded hose on sandblaster

• Failure to place warnings on asbestos product’s bags

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Tobacco

• Whether smoking’s risks eliminated tobacco defendants’ duty to warn was jury question

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Transportation

• Defective fuel system in pickup truck

• Defective design of hose compartment on fire truck

• Unreasonably dangerous driver’s seat, integrated child seat in minivan

• Plaintiffs’ voluntary dismissal of lawsuit and subsequent refiling of action was not claim-splitting

• Defective underride guard on truck

• Pretrial publicity about circumstances leading up to lawsuit did not justify intra-district transfer

• Unstable design of SUV

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