Topic
design defect
142 published works
Constructlaw®
U.S. District Court in Georgia Considers Effect of Releases Submitted with Applications for Payment, Notice Requirement as to Extra Work and Defective Specification Claims and No-Damage for Delay Provision
United States of America ex rel Duncan Pipeline, Inc. v. Walbridge Aldinger Co. 2013 U.S. Dist. LEXIS 45982 ( S.D. Ga. Mar. 29, 2011) This action arose out of a…
Drug & Device Law
Context and Choice: E.D. Pa. Grants Summary Judgment on Design Defect for Want of a Safer Alternative
It is not as if this qualifies as a profound insight, but whenever we watch a drug or device trial (easier and easier to do now with various internet services)…
Drug & Device Law
Unusual Generic Design Defect Claim Survives Preemption
It’s four days post Sandy and many of us are still without power (certainly true of our New Jersey bloggers and many of our New York colleagues) and none…
EvidenceProf Blog
Victim Of Circumstance?: Is Circumstantial Evidence Sufficient To Survive Summary Judgment In Products Liability Case?
By Colin Miller
The Supreme Court of South Carolina recently issued an interesting opinion in Graves v. CAS Medical Systems, Inc., 2012 WL 3793263 (S.C. 2012), an opinion that may very well have been…
Mass Tort Defense
Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
By Sean Wajert
Country music fans among our readers may recall the Garth Brooks' song "Longneck Bottle." That tune, from his CD "Sevens," reached
Sixth Circuit Appellate Blog
Sixth Circuit Denies Whirlpool’s En Banc Petition in Front Loading Washer Case
The Sixth Circuit yesterday entered an order denying Whirlpool Corporation’s en banc petition seeking review of a May 4, 2012 panel decision affirming class certification in a multi-district litigation involving…
Drug & Device Law
What Defect?
After a Memorial Day weekend filled with picnics, barbeques and full stomachs, we have a quick post for you. We recently read the opinion in Mattos v. Eli Lilly &…
Sixth Circuit Appellate Blog
WHIRLPOOL SEEKS EN BANC REVIEW OF PANEL’S DECISION IN WASHING MACHINE LITIGATION
As we previously reported back on May 4, 2012, a three-judge panel of the Sixth Circuit, relying heavily on the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131…
Drug & Device Law
Not A Win, Not A Loss
By Bexis
The recent decision in Mims v. Wright Medical Technology, Inc., 2012 WL 1681810 (N.D. Ga. May 11, 2012), is really neither a win nor a loss. Like Gaul, the decision…
Sixth Circuit Appellate Blog
Dirty laundry: Sixth Circuit affirms class certification in washing machine litigation
Yesterday, the Sixth Circuit affirmed class certification in an interlocutory appeal under Rule 23(f) in an MDL concerning alleged design defects in certain front-load washing machines produced by Whirlpool, In…