The Admissibility Of Recall

Law360, New York (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.”

In Rutledge v. Harley-Davidson Motor Co., No. 09-60533, 2010 WL 445498 (5th Cir. Feb. 3, 2010), the plaintiff, an experienced rider, was seriously...
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