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15 Dec 2008, 9:54 pm
Kennametal, Inc., 908 Fed. 2d 98 (6th Cir. 1990), the United States Court of Appeals for the Sixth Circuit best summarized Ohio's view by providing: "[w]hile the phrase best efforts is used to describe the extent of an undertaking, this has properly been termed an extravagant phrase…a more accurate description of the obligation owed would be the exercise of "due diligence" or "reasonable efforts". [read post]
20 May 2019, 9:18 am
Zimmer, Inc., 927 F.2d 124, 130 (2d Cir. 1991) (New York law) (“Failure to warn claims purporting to sound in strict liability and those sounding in negligence are essentially the same. [read post]
