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Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion
Category: Appellate Law, Eighth Circuit Appellate , Litigation, Products Liability
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the plaintiff’s expert witness failed to pass muster under the relevant legal test…
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FDA Updates Prevention, Diagnosis, and Treatment Policies in Response to COVID-19
Category: Coronavirus (COVID-19), Health Care, Products Liability
To limit the spread of COVID-19 throughout the United States, the Food and Drug Administration (FDA) has promulgated policies to focus on the prevention, diagnosis, and treatment of the COVID-19 virus. Further, as states implement COVID-19 control measures, some day-to-day enforcement regulations…
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Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?
Category: Litigation, Products Liability
For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In this week’s installment of the Mitchell Williams Products Liability Series…
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Court of Appeals Limits Defendant's Right to Allocate Fault to Nonparties
Category: Appellate Law, Litigation, Products Liability
The Arkansas Court of Appeals recently limited a defendant’s right to allocate fault to nonparties. The allocation of fault to nonparties has long been a source of confusion and uncertainty for litigants in Arkansas. This is in part due to tension between the judiciary and the legislature over tort…
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Products Liability Series: Does Arkansas Law Require an Expert Witness?
Category: Litigation, Products Liability
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.” Rule. The general rule of when an expert witness is required is that for plaintiff to meet their burden…
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