Avoiding Sophisticated User Doctrine In Calif.

Law360, New York (March 1, 2010, 5:07 PM EST) -- The plaintiff’s bar creatively strategizes to circumvent the sophisticated user defense and to enable the prosecution of failure to warn cases against product manufacturers and distributors throughout the U.S. Recent aftermath of California’s adoption of the doctrine in Johnson v. American Standard (2008) 43 Cal 4th 56 highlights this endeavor.

Considered alone, California is one of the world’s 10 largest economies and, according to the U.S. Bureau of Economic Analysis, represents 7 percent of the country’s retail trade gross domestic product.

Accordingly, California’s adoption of the...
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