4th Cir. Certifies Design Defect Standard of Proof Question to W. Va. High Court



DOCUMENTS
  • Order


RICHMOND, Va. — A panel of the 4th Circuit U.S. Court of Appeals has asked the highest court in West Virginia to resolve the question of whether a plaintiff asserting a strict liability design defect claim in a product liability action is required to prove the existence of an alternative, feasible design that eliminates the risk of harm suffered by the plaintiff.

In an April 5 order, the appellate panel explained “there is no controlling appellate decision, Constitutional provision or statute” in West Virginia that resolves the question.

Judith Shears underwent implantation of Ethicon’s Tension-Free Vaginal Tape — a synthetic …

FIRM NAMES
  • Butler Snow LLP
  • The Segal Law Firm
  • Thomas Combs & Spann PLLC





UPCOMING CONFERENCES




HarrisMartin's MDL Conference: Uber Litigation and Other Mass Tort Updates

September 27, 2023 - Lexington, KY
21c Museum Hotel Lexington

MORE DETAILS



HarrisMartin's The Art of Litigation Conference: Crafting a Better Practice

November 30, 2023 - Charleston, SC
The Charleston Place

MORE DETAILS