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Product Liability (allegedly defective product) – Commercial Litigants

Product Liability / January 28, 2014

Court/Case No: Saginaw County Circuit Court - 2013-018549-CK

Tried/Argued Before: Judge

Demand:  approximately $1.8M

Verdict:  Summary disposition

Name of Judge(s): Hon. Darnell Jackson

Keys to the Case:

Plaintiff’s claim included multiple contract and tort theories.  The key was effective action in discovery, and in particular during depositions, to develop a record to defeat such claims.  More importantly, the depositions developed a record to preclude Plaintiff from asserting UCC claims – which was eventually done, in response to the dispositive motion.  Potential exposure under the UCC was anticipatorily negated per discovery actions even without such a claim pending.  When Plaintiff attempted to turn this into a UCC case, the record was already established to prevent this from being done.

Defense SW attorney(s) Involved in Case:


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