A federal court in Kentucky has denied a plaintiff’s motion for summary judgment in strict liability litigation against a company that sold, under its own label, allegedly defective boat tie-down straps made by another company. Rushing v. Flerlage Marine Co., No. 3:08CV-531 (U.S. Dist. Ct., W.D. Ky., decided August 27, 2010). The plaintiff sought to hold Donovan Marine, Inc. liable under the “apparent manufacturer” doctrine, which has been adopted by a few states and is articulated in the Restatement (Third) of Torts: Product Liability § 14 (1998). Noting that the Kentucky Legislature has not adopted this doctrine and, indeed, has a “middleman statute” immunizing under most circumstances those other than a product manufacturer from strict product liability, the court predicted that “if given the opportunity, Kentucky’s courts would not adopt the apparent manufacturer doctrine.”