Second Circuit -- Emslie et al. v. Borg-Warner Auto

Where designer of allegedly defective machine had sold design to manufacturer 26 years prior to manufacture, the designer did not place the product into the stream of commerce as NY defective design law requires.

Policy grounds - designer had gotten out of the business, no longer in a position to know.


No abuse of discretion in dismissing claim for forum non conveniens, as only one American entity remains in the litigation.

Emslie et al. v. Borg-Warner Auto