Dealing With Subsequent Remedial Measures

, New York Law Journal

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Steven F. Napolitano and Brittany M. Dorman of Skadden, Arps, Slate, Meagher & Flom write: Though subsequent remedial measures are most commonly associated with product liability litigation, New York courts apply this doctrine in other types of litigation as well, often in creative ways. Thus, plaintiff and defense counsel must keep informed of developing case law in this area, and give advance thought as to how such potentially powerful evidence could get before the jury in a particular case.

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