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Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals
Category: Eighth Circuit Appellate , Litigation, Products Liability
Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the lawsuit in federal district court. In this recent decision by the Eighth…
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Products Liability Series: Does Arkansas Law Recognize a Post-Sale Duty to Warn? (Part II)
Category: Litigation, Products Liability
Last week we wrote about the status of Arkansas’ law recognizing a post-sale duty to warn, ultimately concluding that Arkansas Courts have not recognized the existence of any such duty. This week we will explain how, despite this reality, plaintiffs often try to inject argument about this…
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The Art of Preparation: Cross-Examining Difficult Experts
Category: Litigation, Products Liability
An expert witness may be difficult for a variety of reasons. The expert may be likeable and persuasive to the jury. The expert may be arrogant and refuse to acknowledge even obvious points. The expert may be openly combative and aggressive. But no matter why the expert is difficult, he or she…
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Products Liability Series: Does Arkansas Law Recognize a Post-Sale Duty to Warn? (Part I)
Category: Litigation, Products Liability
Does Arkansas law recognize a post-sale duty to warn? In a nutshell, no. While Arkansas state courts have not expressly considered the issue, all legal authority indicates that the answer is indeed “no.” To support this answer, the relevant sources of authority are summarized below. Federal Court…
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Products Liability Series: What is Arkansas' Law on Joint and Several Liability?
Category: Litigation, Products Liability
Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For example, when a product manufacturer and a product seller are found to be 10%…
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The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.