William Mitchell Law Review


Kerri Nelson

Publication Information

31 William Mitchell Law Review 659 (2004-2005)


This Note briefly examines the context of Minnesota failure to warn claims against industrial suppliers. It describes the various defenses Gray has made available, particularly the sophisticated intermediary and bulk supplier doctrines. The Note also reviews the various jurisdictional incarnations of the sophisticated intermediary defense, and analyzes the doctrine’s application in Gray. Additionally, the Note attempts to predict Gray’s future, recommending that the sophisticated intermediary defense not be expanded beyond the employment context, and suggesting that the Gray defenses, viewed as a cohesive whole, will quickly get rid of weaker claims while permitting valid claims to go forward. Finally, the Note concludes that the multi-faceted approach adopted in Gray should permit generally fairer outcomes in industrial failure to warn cases.