Wednesday, August 29, 2012

New South Carolina Products Liability Case

Like I said in my last post, I have been a bit behind on blogging as a result of taking a vacation and having a fairly busy August.  However, on August 8, 2012, the South Carolina Supreme Court issued its opinion in Weston v. Kim's Dollar Store, No. 27155 (S.C. filed Aug. 8, 2012).  You can find the decision here.

As you may recall, I briefed the South Carolina Court of Appeals decision in this case, Weston v. Kim's Dollar Store, 385 S.C. 520, 684 S.E.2d 769 (Ct. App. 2009).  My brief of the court of appeals case can be found here.  The South Carolina Supreme Court granted a writ of certiorari to review the court of appeals decision, and it affirmed the court's decision. 

This is a preemption case, so it is significant in the world of drug/medical device litigation.  I will try in the next couple of days to do a case brief that supplements the earlier brief of this case, and I will post a hyperlink to it once it is completed.

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