Topic
design defect
142 published works
Drug & Device Law
A jury reportedly finds the risks of an FDA-approved drug outweighed its benefits, and an interesting appeal should follow
We have written several times before about the good and the bad pretrial rulings in Bartlett v. Mutual Pharmaceutical Co., No. 08-358 (D.N.H.). Faithful readers will recall that the plaintiff…
TortsProf Blog
SC Adopts Risk-Utility As Sole Test in Design Defect Cases, Also on Post-Distribution Evidence and Punitive Damages
In an opinion filed on Monday, the South Carolina Supreme Court adopted the risk-utility test for design defect cases, rejecting use of a consumer expectations test. Under the risk-utility test,…
Drug & Device Law
Bruesewitz – a footnote
By Bexis
A sharp-eyed reader (who wishes to remain nameless) yesterday put together our Bruesewitz user's guide with our post last Tuesday about the Superior Court affirming (and confirming) in the Lance case that…
Drug & Device Law
Pennsylvania Fen-Phen Appeals – The Third Shoe Drops
By Bexis
Last week we reported on two recent decisions by the Pennsylvania Superior Court (an intermediate appellate court) in fen-phen litigation. Well, there was a third shoe out there, and yesterday…
Pennsylvania Law Monitor
When Can A Homeowner Sue for Construction or Design Defects?
Homeowners often ask what legal remedies exist against builders, design professionals, and other parties for defects in design or construction of their homes. Often times, however, the defect is not…
Drug & Device Law
A Terrible Trio
By will
There’s an old saying, “bad things come in threes.” We don’t know where it comes from, and don’t even think it’s true, although a trio of new opinions in the…
TortsProf Blog
Toyota MDL Established in California
Robin Effron at Civ Pro Profs has the details.- SBS
Aviation Law Monitor
More Zodiac Victims File Suit
By Mike Danko
The families of the victims of the Zodiac crash near Oakdale, California, have filed suit against the aircraft's maker, Zenith Aircraft, alleging that the Zodiac's design is defective. The Zodiac is…
TortsProf Blog
Crocs Settles Design Defect Suits
Crocs - the maker of popular rubber clogs, not the man-eating animal - has settled at least five products liability suits alleging that the shoes are unsafe for children to wear…
Ahead of Schedule
Oregon Statute Regarding Defective Design and Construction Claims Pending Governor Action
Oregon HB 2434, passed by the House of Representatives on May 4, 2009 and by the Senate on June 22, 2009, is currently awaiting the Governor’s approval or veto. The…