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Negligence › Twombly/Iqbal Pleading Standard

Cozen O'Connor

The Sixth Circuit Tackles Twombly, Iqbal And The Malfunction Theory

Cozen O'Connor on

Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds...more

Smith Anderson

Federal Court Report - Sometimes it’s Just Better to Leave “Well-Enough” Alone

Smith Anderson on

In Sisk v. Abbott Laboratories, — F.R.D. –, No. 1:11-cv-159 (W.D.N.C. Feb. 10, 2014) (J., Reidinger), after prevailing in part on its motion for summary judgment, the defendant asked the court for the Western District to...more

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