In a products liability case where the plaintiff is relying on the "malfunction theory," a federal judge in Harrisburg has ruled that the plaintiff’s expert can rely solely on circumstantial evidence and a process of elimination to prove the existence of a defect.

In his nine-page opinion in Liberty Mutual Fire Insurance Co. v. Sharp Electronics Corp. , U.S. District Judge John E. Jones III rejected a magistrate judge’s recommendation that a lawsuit over a shopping center fire be tossed out on summary judgment.