Is it irrelevant whether the alleged failure to warn was deliberate or a mere oversight?
MultiRegion, United States of America
The following excerpt is from Consolidated U.S. Atmospheric Testing Litigation, In re, 820 F.2d 982 (9th Cir. 1987):
It is also irrelevant whether the alleged failure to warn was a matter of "deliberate choice," or a mere oversight. See Allen, 588 F.Supp. at 337-38. We agree with the treatment of this distinction in Myslakowski v. United States, 806 F.2d 94 (6th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1608, 94 L.Ed.2d 793 (1987):
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