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7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
10 Sep 2010, 8:07 am
App. 2007) (adopting Restatement Third §2(c) regarding warnings; “[a]bsent controlling Arizona law to the contrary, we generally follow the Restatement”); Southwest Pet Products, Inc. v. [read post]
