California Legal Brief

The Rule of Harcourt v. Tesla, Inc. is that the consumer expectations test for product defect claims is inapplicable when the incident involves product misuse by a child in circumstances where ordinary consumers have no commonly accepted minimum safety assumptions about how the product should perform, under circumstances involving a two-and-a-half-year-old child accessing and operating a vehicle after the key fob was left inside and doors were left open.

The Rule of Hatlevig v. General Motors LLC is that a motion for attorney fees must be served within 180 days of when a case is voluntarily dismissed pursuant to court order, even when no formal dismissal order is filed until a later date, under circumstances where the case was deemed dismissed by operation of court rules after settlement.

The Rule of Chapman v. Avon Products is that expert testimony about asbestos testing methodology is admissible when the witness demonstrates sufficient knowledge, skill, experience, or training to interpret test results relevant to their field of expertise, under circumstances where the expert relies on established scientific principles even if using older or modified techniques.