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Recent Cases:

Consumer Products | Drugs | Industrial Products & Equipment
Medical Products | Transportation

Consumer Products

• Lack of passive safety devices on free-standing range

• Unsafe alteration of spring in swivel chair

• Plaintiff injured by exploding spray can raised fact question about adequacy of can’s warning

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Drugs

• Intentional withholding of information about risks of Vioxx

• Wrongful conduct rule bars suit for addiction to painkiller

• No removal of class action where amended pleading related back to original filing

• Plaintiff did not improperly join drug company’s sales representative to defeat diversity jurisdiction

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Industrial Products & Equipment

• Failure to provide interlocked stabilizing legs on personnel lift

• Unguarded control box on turret rewinder

• Mere compliance with discovery schedule, expenditure of funds not hardship justifying stay

• Prudent manufacturer test, rather than consumer expectation test, applied to defective forklift claim

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Medical Products

• Knee implant manufacturer had post-sale duty to warn of delamination risk after extended shelf life

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Transportation

• Defective aircraft engine component

• Insufficient roof strength on SUV

• Daubert does not require exclusion of reference to “illusory park” condition in passenger car

• Defective door latch system in passenger car

• Failure to warn of dangers of aging tires

• Trial court erred in denying motion to reopen case to add contract, warranty claims

• Failure to hook up trailer brakes to SUV

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