Krummel v. Bombardier Corp.
Court of Appeals for the Fifth Circuit
1DissentDennis, Circuit Judge
The majority, by either confusion or judicial legerdemain, purports to amend the *553Louisiana Products Liability Act, La.R.S. 9:2800.51 et. seq. (LPLA), so that a claimant, to recover for harm caused by a manufacturer’s failure to warn, must prove essentially the same elements necessary to recover for harm caused by a manufacturer’s defective design of its product. The majority’s decision should not be considered a valid precedent, however, because it radically departs from the LPLA, the Louisiana jurisprudence, the Restatement (Third) Of Torts, and the virtually unanimous view of all other…
2Cases cited36 opinions
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
- Pfiffner v. CorreaSupreme Court of Louisiana · 1994
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- United States v. Carroll Towing Co.Court of Appeals for the Second Circuit · 1947
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