Consumer Expectations Test

News & Analysis as of

Bad News from Europe for Makers of Life-Saving Medical Devices

In over eight years, we’ve never before blogged about a European development in prescription medical product liability. The (relatively) recent decision by the Court of Justice of the European Union (“CJEU”) in Boston...more

Weekly Law Resume: Torts – Product Liability – Consumer Expectation Test

Jaklin Mikhal Romine v. Johnson Controls, Inc. et al. Court Of Appeal, Second District (March 17, 2014) - Product liability cases can involve complex mechanisms of injury, and multiple design and manufacturing...more

Ninth Circuit Holds FAA Preempts Montana’s Public Policy Against Enforcing Contracts Of Adhesion

On July 15, the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Montana’s public policy invalidating adhesive agreements running contrary to the reasonable expectations of a...more

Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test

Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed students was how to define "defect." The panoply of tests for defective or...more

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