Topic
design defect
142 published works
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…
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
TortsProf Blog
Design Defect Law in Illinois
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…
Insurance Law Hawaii
Sony Denied Coverage for Defective PlayStation 2s
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…
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…
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…
TortsProf Blog
Report: Minnesota Bridge Collapse Due to Design Error
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…
Federal Construction Contracting Blog
Federal Appeals Court Upholds Ruling that Contractor was Entitled to Damages Resulting from Defective Specifications and Differing Site Conditions
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…
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
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…
Federal Construction Contracting Blog
A Contractor is Not Liable for the Consequences of Defective Specifications
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…