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· 12/5/1994

Annamarie Lamontagne, Doreen A. Festa and Susan B. Pregler v. E.I. Du Pont De Nemours & Company, Inc.

Citations

  • 41 F.3d 846
  • 1994 U.S. App. LEXIS 34210

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the CPLA does not “alter the substance of a plaintiff’s rights or the facts that a plaintiff must prove in order to prevail.”
  • noting that the CPLA does not “alter the substance of a plaintiff’s rights or the facts that a plaintiff must prove in order to prevail.”
  • stating that the requirements applicable to ordinary negligence actions “are also applicable to negligence claims against product manufacturers” under the CPLA
  • stating that “[a]lthough the CPLA introduced simplified pleading ... it apparently was not meant to alter the substance of a plaintiffs rights or the facts that a plaintiff must prove in order to prevail”
  • because act does not delineate elements of claims that it consolidates, common law provides basis for theories of recovery
  • duty depends on foresee ability of danger

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Altimari, Seybert

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.