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Topic

design defect

142 published works

  1. Drug & Device Law

    Wisconsin High Court – Inherent Chemical Characteristics Can’t Be Design Defects

    By Bexis

    In a decision with implications for similar claims in pharmaceutical cases, the Wisconsin Supreme Court held yesterday in a lead pigment case that an inherent chemical characteristic can't be a…

  2. Mass Tort Defense

    State Supreme Court Affirms Summary Judgment Under Risk-Utility Test

    By Sean Wajert

    The Texas Supreme Court last week upheld summary judgment in a design defect case, finding that under the risk-utility test, the commercial trailer at

  3. TortsProf Blog

    Design Defect Law in Illinois

    By Christopher Robinette

    In a great teaching case (pdf), the Illinois Supreme Court discussed, at length, the development of defective design standards.   In particular, the court examined the use of the risk-utility test…

  4. Insurance Law Hawaii

    Sony Denied Coverage for Defective PlayStation 2s

    By Tred R. Eyerly

    The Ninth Circuit recently held in Sony v. American Home Assurance that Sony was not entitled to a defense from two of its carriers.  Sony was sued because its PlayStation…

  5. Drug & Device Law

    Welcome Good News On The HRT Front

    By Bexis

    This breaking news post is from Bexis only, as Wyeth - a major HRT defendant - is a big Herrmann client. The New Jersey state court judge in Middlesex County…

  6. Constructlaw®

    Federal Claims Court Finds Contractor Entitled to Equitable Adjustment Based on Corps’ Defective Specifications and Misrepresentation

    By Constructlaw

    Metric Construction Co., Inc. v. United States 2008 U.S. Claims LEXIS 5 (Fed. Cl., Jan. 7, 2008) Metric Construction was awarded the contract to construct a warehouse for the United…

  7. TortsProf Blog

    Report: Minnesota Bridge Collapse Due to Design Error

    By Christopher Robinette

    The NTSB's investigation into the Minnesota bridge collapse has evidently concluded that it was caused by a design flaw, not due to a lack of maintenance or the like.  Litigation…

  8. Federal Construction Contracting Blog

    Federal Appeals Court Upholds Ruling that Contractor was Entitled to Damages Resulting from Defective Specifications and Differing Site Conditions

    By Michael H. Payne

    In a case captioned as Ace Constructors, Inc. v. United States concerning a contract with the Corps of Engineers for the construction of a structure at Biggs Army Airfield, the…

  9. InsureReinsure

    First Circuit: Under Puerto Rico Law, A Plaintiff Must Ordinarily Introduce Expert Testimony Concerning Standard Of Care To Prevail On Defective Or Negligent Design Claim

    By Troutman Pepper Locke

    The United States Court of Appeals for the First Circuit recently held that, where a design is beyond the common experience or knowledge of the average layperson, a defective or…

  10. Federal Construction Contracting Blog

    A Contractor is Not Liable for the Consequences of Defective Specifications

    By Michael H. Payne

    This recent Court of Federal Claims decision involves a USDA contract for the construction of a vegetable laboratory in Charleston, South Carolina. The contractor was terminated for default and the bonding…