“Heeding Presumption In NY Law? It Depends Who You Ask”On January 11, 2013 by Schnader
Carl J. Schaerf and John R. Timmer wrote the article “Heeding Presumption In NY Law? It Depends Who You Ask” published by Law360 on January 11, 2013. The article details the split in how New York state and federal courts, sitting in diversity, address the question of whether it is the plaintiff or defendant that must prove that a person claiming to be injured by a product would or would not have heeded an adequate warning if given.