Legal Opinion
Cole v. Builders Square, Inc.
Court of Appeals for the Ninth Circuit
Decided October 11, 2002No. 01-35491; D.C. No. CV-99-00729-PAPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM *
We reverse and remand in part, dismiss in part and affirm in part.
I. Strict Liability Claims
At trial, Cole advanced two theories of strict liability: design defect and failure to warn. The district court granted judgment as a matter of law on Cole’s claim of a design defect because it concluded that he had not offered evidence of a safer alternative design. Under then-existent Oregon law, the district court may have been correct. However, after the district court issued its decision, the Oregon Supreme Court rejected the idea that plaintiffs must always offer “evidence that the…
2Cases cited9 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Ohler v. United StatesSupreme Court of the United States · 2000
- Coursen v. A.H. Robins Co.Court of Appeals for the Ninth Circuit · 1985
- Joann Tennison Cheryl C. Oliver,plaintiffs-Appellants v. Circus Circus Enterprises, inc.colorado Belle Corp.Court of Appeals for the Ninth Circuit · 2001
- Curtis Freeman v. Allstate Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2001
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3Cited by1 opinion
- Cole v. Builders Square, Inc.Supreme Court of the United States · 2003