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Topic

design defect

142 published works

  1. TortsProf Blog

    AZ: Supreme Court Clarifies Arizona Products Doctrine

    By Christopher Robinette

    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…

  2. 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…

  3. 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…

  4. Florida Construction Legal Updates

    APPLYING JURY VERDICT METHOD IN QUANTIFYING DAMAGES DUE TO DEFECTIVE SPECIFICATIONS

    By David Adelstein

    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.…

  5. 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…

  6. Drug & Device Law

    Guest Post: Caston on Appeal: Ninth Circuit Trims Political Question Doctrine, Sends Case Back to Familiar Territory

    By Michelle Yeary

    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…

  7. 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,…

  8. Government Contracts Featured Insights

    Recovery Under the Spearin Doctrine Due to Defective Specifications

    By Sareesh Rawat

    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…

  9. 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,…

  10. Drug & Device Law

    Design Defect Claims Preempted In GLP-1 MDL

    By Eric Alexander

    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…