Defect, Redhibition Claims Both Stand In Suit V. BASF

Law360, New York (January 13, 2009, 12:00 AM EST) -- Touching on an issue unique to Louisiana product liability law, a judge has allowed a sweet potato grower to proceed with an alternative damages claim, as well as a civil law-based redhibition claim, in a suit alleging chemical firm BASF Corp. sold defective herbicide.

In a reversal of his earlier intentions, Judge Robert G. James issued an order Friday in the U.S. District Court for the Western District of Louisiana preserving a design defect claim under the Louisiana Products Liability Act despite the availability of a...
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