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Expert Analysis

The Admissibility Of Recall

Law360 (March 17, 2010, 12:54 PM EDT) -- Companies that issue voluntary recalls are naturally apprehensive about whether the recall notices may be admitted into evidence to prove a manufacturing defect in product liability cases. The Fifth Circuit Court of Appeals recently addressed this issue in a nonpublished decision holding voluntary recall notices are not admissible under Rule 407 of the Federal Rules of Evidence because they are "subsequent remedial measures."...

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