Monthly Archives: November 2015

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District Court Allows Expert’s Testimony in Fire Case Despite His Lack of Testing and a Definitive Theory

The Eastern District of Pennsylvania recently addressed the reliability of an expert’s opinion regarding whether an exterior lighting device caused a fire and subsequent damage to the plaintiff’s home. In the subject case (Case No. 12-3568), the plaintiff filed suit against the manufacturer of the lighting device and one of its component parts alleging that a manufacturing defect in the device caused the fire. In support, the plaintiff proffered the testimony of an engineering expert who opined the fire was caused by one of three…

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Spoliation: A Derivative Claim — Illinois Appellate Court Creates a High Standard

Plaintiffs are increasingly using destroyed, lost, or altered evidence to bring spoliation of evidence claims in product liability actions. In Illinois, a plaintiff can make a spoliation claim if it is tied to an underlying negligence action. Although spoliation claims are meant to address evidentiary issues, Illinois does not recognize them as an independent tort. Accordingly, a spoliation claim does not have its own statute of limitations and instead is based upon the underlying claim in the lawsuit. On October 7, 2015, the Illinois Appellate…

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