On October 27, 2010 the IADC submitted a letter brief supporting defendant's petition for review to the Supreme Court of California of the Court of Appeals decision in
Saller v. Crown Cork & Seal Co , Inc. At issue is when the "consumer expectations" test should be applied in a design defect case. Courts of appeal are split on this issue and the IADC has asked the Supreme Court for review to give the lower courts guidance in order to secure uniformity of decision. The IADC maintains that further clarification of the consumer expectations test is necessary, particularly in those cases where the "product's failure" involves exposure to a substance that produces complex biological effects.
The IADC letter brief was authored by IADC members David M. Axelrad and Mary-Christine Sungaila, and Dean A. Bochner all of Horvitz & Levy LLP. To read the entire letter brief, please
click here.