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Affirmative Defenses Strict Product Liability

Faegre Drinker Biddle & Reath LLP

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?

Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Is There a Defense Where a Plaintiff Misused a Product?

Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking...more

Harris Beach PLLC

Manufacturers Can Apply "Optional Safety Device" Exception to Design Defect Claims in Rental Market

Harris Beach PLLC on

New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental. ...more

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