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California Appeals Court Affirms Children's Motrin Defense Verdict

LOS ANGELES -- A California state appeals court on Oct. 20 affirmed a defense verdict in a Children's Motrin case, saying that the trial judge properly excluded an exhibit that was irrelevant and did not err by failing to give the jury a "heeding presumption" instruction ( Sabrina Brierton...

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...