Topic
design defect
142 published works
Drug & Device Law
W.D. Pa. Dismisses Design Defect Claims with Prejudice Based on Comment k; Dismisses Manufacturing and Warning Claims without Prejudice Based on Pleading Deficiencies
Blair v. Abbvie Inc., 2025 WL. 57198 (W.D. Pa. Jan. 9, 2025), is, from the defense perspective, a favorable opinion dismissing (some with prejudice, some with leave to amend) all counts…
Drug & Device Law
No Alternative Design, No Design Defect Claim In West Virginia
By Lisa Baird
For design defect claims, a key issue is whether the relevant jurisdiction requires evidence that a suitable alternative design existed that would have allowed the plaintiff to dodge the alleged…
Drug & Device Law
A Design Defect Claim By Any Other Name . . . Is Still a Design Defect Claim
So plaintiffs learned in the In re: Gardasil Products Liability Litigation, MDL 3036, 2024 WL 1197919 (W.D.N.C. Mar. 20, 2024). Try as they did in 550-paragraph and 120-page complaints to…
Drug & Device Law
Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence
By Bexis
As we discussed at length in this post, since the 1940s, the Pennsylvania Supreme Court and other courts applying Pennsylvania law have refused to subject prescription medical products to strict…
Tort Talk
Pennsylvania Supreme Court Rules that Evidence of a Product's Compliance With Industry Safety Standards Is Not Admissible in a Strict Liability Design Defect Case
In another notable victory for the Plaintiff's bar at the Pennsylvania Supreme Court level, that Court, in the case of Sullivan v. Werner Co., No. 18 EAP (Pa. Dec. 22,…
California Construction Law Blog
Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features
By Garret Murai
A few years ago I listened to an NPR segment called “What Can Kids Learn by Doing Dangerous Things?” It was about a summer program called…
Drug & Device Law
The Fiction Of Non-Preempted Pre-Market Design Defect Claims For Prescription Drugs
As we emerge from our fourth month-long trial in a little over two years, we are sure that we have missed some recent legal developments. As good as this Blog…
Government Construction Law Update
Contractor Wins on $40.7 Million Defective HVAC Design Claim
By Joseph Darr
When an owner provides design plans and specifications for building a project, there is an implied warranty that if the contractor follows those plans and specifications, a satisfactory result will…
Drug & Device Law
A Minor Decision About a Major Change
“Don’t major in minor things.” A wise professor once shared those words and they’ve always stuck. As a general approach to life, it makes a lot of sense. Learning to…
Drug & Device Law
Alternative Designs in Kansas Must be Feasible and Adequate and Effective – Oh My
Perhaps not as menacing as Lions and Tigers and Bears (Oh my) – but feasible, adequate, and effective proved to be too much for plaintiff in Davis v. Johnson &…