Jana Davidson, et al. v. Fairchild Controls Corporation

Whether a district court may grant summary judgment against a plaintiff on the issue of alternative design where plaintiff supplied an engineering expert who offered alternative designs and pointed out the lengthy existence and extensive use of those alternative designs in real-world applications.

Should a district or appellate court be allowed to deem an argument “waived” where the Fifth Circuit admits that the argument and evidence was raised “generally” in opposition to summary judgment?

Whether the “knowledgeable user” defense is appropriately applied where the Plaintiff were unaware of the severity of the potential harm?