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September 10, 2008

New York Court of Appeals Accepts Important Products Liability Certified Question

The New York Court of Appeals recently accepted the following certified questions in Jaramillo v.  Weyerhaeuser Co. & Tech. Licensing Assocs.:

Construing the evidence in the light most favorable to Jaramillo, is Weyerhaeuser Company a "regular seller" of used Flexo Folder Gluers such that it can be held strictly liable under New York law?

The issue is an important one because it will address what constitutes a "casual" or "occasional" seller of a product as opposed to an "ordinary" or "regular" seller.

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