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William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her pregancy, which resulted in Sean being born with birth...

William A. Ruskin: The Role Of The Heeding Presumption In Failure To Warn Litigation

By William A. Ruskin In many jurisdictions, a product liability plaintiff is not permitted to testify concerning what he or she would have done had there been an adequate warning on a product; such testimony is considered both self-serving and speculative. In the absence of such testimony, some states...

William A. Ruskin: Physician's Failure To Read Trumps Drug Company's Failure To Warn

By William A. Ruskin When the prescribing physician in a pharmaceutical product liability case admits that at her deposition that she never reviewed the manufacturer’s label before treating her patient and that the label played no role in her decision to prescribe the drug, plaintiff’s...