Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 1 post in Design Defects. View our practice description for Design Defects.

New York Court Allows Plaintiff To Rely Solely On Circumstantial Evidence of Defect

Giving a boost to Plaintiffs who are not able to adduce direct evidence of a design defect, New York’s intermediate appellate court allowed a plaintiff to prove its design defect claims based solely on circumstantial evidence.  See Reeps v. BMW of N. Am., LLC, No. 7299 100725/08, (N.Y. App. Div. April 5, 2012), available at  http://www.bdlaw.com/assets/attachments/Reeps.pdf.  In so doing, the New York Supreme Court Appellate Division affirmed a trial court’s decision denying defendants’ motion to dismiss based on spoliation of evidence, concluding that the plaintiff did not dispose of the car at issue with knowledge of its evidentiary value.  Reeps, slip op. at *1.  Read More ›