STORY FROM: Hip & Knee Implant Litigation
Minn. Federal Judge Denies Plaintiffs’ Motion for New Trial in Bair Hugger Case
November 1, 2018
MINNEAPOLIS — A Minnesota federal judge has denied a couple’s motion for a new trial in the first bellwether Bair Hugger warming device case, ruling that the court did not err in excluding evidence of defendants’ knowledge of risk-utility because their mental state is not an element of a strict liability design defect claim.
In an Oct. 27 order, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota further held the court did not improperly allow defendants’ expert witnesses to offer certain opinions or exhibits, finding that the plaintiffs were either made aware of the ...
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