Topic
design defect
142 published works
TortsProf Blog
AZ: Supreme Court Clarifies Arizona Products Doctrine
Maywald v. Toyota Motor Corp., 591 P.3d 886 (2026) (holding that (1) a plaintiff must establish that the product is both defective and unreasonably dangerous, (2) the risk-utility test in…
Drug & Device Law
Seventh Circuit, Applying Illinois Law, Makes Useful Alternative Design and Causation Rulings
By Bexis
Johnson v. Ridge Tool Manufacturing Co., 186 F.4th 478 (7th Cir. 2026), is a product liability decision involving a drain cleaning machine, not a prescription medical product. But that doesn’t…
BuildSmart
The Spearin Doctrine: Owner Responsible for Defective Plans in Dispute with General Contractor
By John Mark Goodman, Joe Mack Curry II
The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible…
Florida Construction Legal Updates
APPLYING JURY VERDICT METHOD IN QUANTIFYING DAMAGES DUE TO DEFECTIVE SPECIFICATIONS
An older case deals with three important considerations: (1) defective specifications; (2) whether the defective specifications were misleading or misrepresentative; and (3) applying the jury verdict method in quantifying damages.…
Missouri Lawyers Media
8th Circuit reverses jury verdict in defective design suit
By Correy E. Stephenson, Special To Missouri Lawyers Media
The 8th Circuit reversed a jury verdict in a defective design lawsuit against CRC Industries, ruling the plaintiff failed to prove an unreasonably dangerous product under Minnesota law. The post…
Drug & Device Law
Guest Post: Caston on Appeal: Ninth Circuit Trims Political Question Doctrine, Sends Case Back to Familiar Territory
Today’s guest post is from Dechert’s Chris McKeon who updates us on a rare application of the political question doctrine. As always, our guest posters deserve 100% of the praise…
Drug & Device Law
California Design vs. Manufacturing Defects – Neer the Twain Shall Meet
By Bexis
Not long ago we published a blogpost, “New California Ranitidine Litigation Order Makes A Huge Mess Of Everything” about a California trial court decision that created, out of whole cloth,…
Government Contracts Featured Insights
Recovery Under the Spearin Doctrine Due to Defective Specifications
Under the Spearin doctrine, when the government furnishes design specifications directing the contractor on how to undertake performance on a contract, it provides an implied warranty that the contractor will be able…
Drug & Device Law
Trimming Down the GLP-1 MDL
By Eric Hudson
Our readership is tuned into current events and stays up to date on significant drug and device litigation. We bet no one missed that Taylor and Travis are getting married,…
Drug & Device Law
Design Defect Claims Preempted In GLP-1 MDL
The day before this post went live there was a retirement ceremony for Judge Jon P. McCalla, the federal district judge for whom we clerked three decades ago. After serving…