Topic
design defect
142 published works
Drug & Device Law
Bartlett – Take It Up
By Bexis
The First Circuit decided Bartlett v. v. Mutual Pharmaceutical Co., No. 10-2277, slip op. (1st Cir. May 2, 2012) today - suggesting that it is the worst court of appeals…
Drug & Device Law
All We Want are the Facts, Ma’am
“The story you are about to hear is true; the names have been changed to protect the innocent.” Well, not exactly, we don’t change the names but we try…
Drug & Device Law
Doctor’s Negligence is Reasonably Anticipated Use
Today we bring you a split decision tossing out a failure to warn claim because the doctor didn’t read the warnings at all, but allowing the plaintiff to continue…
Federal Construction Contracting Blog
Court Reverses Termination for Default and Criticizes the Army Corps of Engineers for Failing to Acknowledge Its Defective Design
By: Michael H. Payne A decision was issued by the United States Court of Federal Claims on December 20, 2011, in Martin Construction Co. v. United States, a case involving…
Day On Torts
Verdict Affirmed in Table Saw Injury Case – Saw Lacked “Saw Stop” Technology
By John Day
Table saws are dangerous - but they don't have to be. Stephen Gass developed technology called "Saw Stop" that prevents cuts and amputations when using table saws and other types…
Mass Tort Defense
Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test
By Sean Wajert
Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed stud
Drug & Device Law
Fosamax MDL Preps for Fourth Bellwether Case
Trial in the fourth Fosamax MDL bellwether case, Secrest v. Merck, is scheduled to begin today. So, we thought it appropriate to discuss the MDL court’s recent summary judgment…
Mass Tort Defense
Proof of Feasible Alternative Design Does Not Prove Defect
By Sean Wajert
Readers know that most jurisdictions require that a plaintiff alleging a design defect in a product must produce sufficient evidence of a feasible alt
Drug & Device Law
Reparations
By Bexis
The last couple days' dialogue with our subscribers suggests that the blog's email outage was uneven. Some subscribers may have lost email transmission of our post for more than a…
Drug & Device Law
What’s In Them For Us?
By Bexis
The Supreme Court decided the climate change case, American Electric Power Co. v. Connecticut, No. 10–174, slip op. (U.S. June 20, 2011), and the class action case, Wal-Mart Stores, Inc.…