Problem:
We represent the manufacturer of an exercise ball. Our client is being sued because its ball burst while a teenage championship wrestler was doing a dumb bell press. Your lawyer walks in your office and says we have been sued, and this is all I know:
1. One of our client's sales reps witnessed the accident.
2. We have conducted tests that show the ball may burst in extreme conditions.
3. We have reports that our balls of a different model have exploded under similar circumstances.
What is your first question? For each item, address the following for both state and federal court: - What do we have to tell them? - When do we have to tell them? The law firm also hired an expert to privately help us work through some of the issues with regard to labeling. Further, we have another expert who would make a good witness on the issue of how well-designed our balls are. Under both South Carolina and Federal Rules, what are the expert disclosure requirements?