Using Plaintiff's Bankruptcy In A Product Liability Action

Law360, New York (July 13, 2012, 3:24 PM EDT) -- Consider the following hypothetical: A plaintiff recently brought a product liability action against your client. She alleges that she suffered a stroke two years ago as a result of taking an anti-depressant manufactured by your client. You quickly learn through an investigation that, following her stroke, but prior to filing suit, plaintiff filed for Chapter 7 bankruptcy protection, having become overwhelmed by medical bills incurred as a result of her injury.

At first blush, a bankruptcy filing may not seem to have any relevance to plaintiff’s...
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