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Res Ipsa Loquitur Negligence

Maron Marvel

Examining the Case of Schindler Elevator Corporation v. Darren Ceasar: A Breakdown of the Texas Supreme Court’s Decision

Maron Marvel on

THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury...more

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

Hinshaw & Culbertson - Health Care

Res Ipsa Loquitur in Practice: Hinshaw's Annual Guide to Key Illinois Medical Malpractice Litigation: 2020 Edition

Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more

Foley Hoag LLP

Product Liability Update: April 2016

Foley Hoag LLP on

Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more

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