“State Court Properly Declines Role of Policy-Maker in Product Liability Case”On October 15, 2010 by Schnader
Schnader partner Stephen A. Fogdall wrote the article “State Court Properly Declines Role of Policy-Maker in Product Liability Case,” which was published in the Washington Legal Foundation’s Legal Opinion Letter, Vol. 19 No. 24, on October 15th, 2010.
In recent years, New York courts have grappled with the question of whether a plaintiff should be permitted to bring a design defect claim where the plaintiff’s core contention is not that the manufacturer failed to design a safer product, but that the manufacturer should never have designed the product at all. New York courts have rightly concluded that permitting such a claim could amount to a judicial ban on the product, and would implicate policy judgments beyond the proper role of courts.
See the attached PDF to read the full article.