Legal Opinion · Dissent

Krummel v. Bombardier Corp.

Court of Appeals for the Fifth Circuit

Decided March 27, 2000No. 98-30961Published

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

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
  3. Pfiffner v. CorreaSupreme Court of Louisiana · 1994
  4. Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
  5. United States v. Carroll Towing Co.Court of Appeals for the Second Circuit · 1947

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