U.S. Court of Appeals for the Fourth Circuit

Case Status


Docket Number



Case Updates

Fourth Circuit clarifies rules of evidence in products liability case

January 14, 2016

In a unanimous opinion, the Fourth Circuit affirmed the federal district court's decision on the ground that it is substantially more prejudicial than probative on the question of design defect.

U.S. Chamber urges the Fourth Circuit reverse rules of evidence allowed in products liability case

April 20, 2015

In its brief, the U.S. Chamber and the Product Liability Advisory Council (“PLAC”) urged the U.S. Court of Appeals for the Fourth Circuit to overrule a decision by a federal district court holding that evidence that a medical device had gone through the FDA’s 510(k) “clearance” process is, essentially, always inadmissible. The Chamber’s brief argued that evidence regarding federal regulatory compliance is relevant to help establish the standard of care—and therefore, whether the manufacturer’s conduct was “reasonable”—and also to determine whether punitive damages are appropriate.

Chilton Davis Varner, Stephen B. Devereaux, Madison H. Kitchens, and Jeffrey S. Bucholtz of King & Spalding LLP served as co-counsel to PLAC and the U.S. Chamber on this brief.

Case Documents