So what follows is our best interpretation of the position of the fifty states (plus DC and Puerto Rico) on whether any presumption arises when a plaintiff claims an inadequate warning (almost every case) that a hypothetical warning (never in fact given) would have been heeded.One thing we have discovered of particular note (at least to us), is that the heeding presumption is an area where the federal courts have run amok, ignoring their obligations under the Erie Doctrine to leave… [read post]

— Imelda V. [read post]