In re Sea Ray Boats, Inc.

How courts have described this case

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

• holding that comment k applies on a case-by-case basis and not as blanket immunity for all prescription drug design defect claims
• listing Alabama as a state that “provide[s] all prescription drugs categorical 16 immunity from strict liability for design defects”
• concluding comment k should provide an affirmative defense
• under CPLA, ‘‘there is only a duty to warn of those dangers that are known, or that are reasonably foreseeable, to the defendant’’
• “Under the learned intermediary doctrine, however, the relevant expectations are those of the physician, not the ultimate consumer.”
• “whether formulated under a strict liability or a negligence theory, section 52–572q only requires that a manufacturer warn of dangers about which it knew or should have known.”

Source: CourtListener parenthetical corpus (CC0).