Manufacturers Should Look To The Bulk Supplier Doctrine

Law360, New York (July 8, 2014, 11:47 AM EDT) -- Despite the absence of appellate case law challenging the successful use of the bulk supplier doctrine ("BSD"), product liability defendants should assert and aggressively pursue dismissal of claims against them based upon the BSD, particularly in cases involving the distribution of chemicals in bulk.

In New York, manufacturers, wholesalers, distributors, component manufacturers and retailers of defective products placed into the stream of commerce may be held liable for injuries caused by their products. These cases generally involve three theories of liability: defective design, manufacturing defects and failure to warn. The BSD is one of several defenses available to product liability defendants...

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