A Texas woman lost her bid to recover for harm allegedly caused by in utero exposure to diethylstilbestrol (DES) as a federal trial court in New York Jan. 17 said she could not satisfy the product identification requirement under applicable Texas law (Bezuidenhout v. Abbott Laboratories, E.D.N.Y., 1:10-cv-01011-ENV-JMA, 1/17/13).
Texas law is settled in declining to recognize market share liability and other alternative liability theories for product liability suits, the U.S. District Court for the Eastern District of New York said, rejecting plaintiff Laura Bezuidenhout’s argument that Texas law is ambiguous.
“The Court need not wade too ...
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