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3d Cir 5th Cir accident admission agency alleged assert award beneﬁt breach burden of proof causation cert chemical collateral estoppel comparative fault Complaint Consumer Product contributory negligence counsel court CPSC defective product defendant defendant's deﬁned design defect difﬁcult discovery drug duty to warn evidence expert testimony express warranty failure to warn federal ﬁle ﬁled ﬁnd ﬁnding ﬁrms ﬁrst foreseeable hazard implied warranty industry injury intervening cause involving issue jurisdictions jury label LAW PRoD lawsuits LIAB litigation manufacturing defect medical devices misrepresentation misuse Motors Corp negligence Ortho Pharmaceutical plaintiff product defect product liability product liability actions Product Safety proximate cause punitive damages reasonable regulations regulatory require RESTATEMENT SEcoND result risk Rptr rule scientiﬁc seller signiﬁcant speciﬁc standard STAT statute strict liability subsequent remedial measures sufﬁcient Supp supplier tion tort trial unreasonably dangerous warranty claims warranty of ﬁtness