Topic
design defect
142 published works
Insurance Law Hawaii
Ensuing Loss Does Not Salvage Coverage For Defective Design
A Builders Risk policy's ensuing loss exception to the exclusion for defective design was held inapplicable. Performing Arts Cmty. Improvement Dist. v. Ace Am. Ins. Co., 2015 U. S.…
TortsProf Blog
TX: No Design Defect in Case of Intentional Misuse
From Friday's Genie Industries v. Matak:In this case, the users of an aerial lift supporting a worker 40' in the air attempted to movethe machine. Signs on the machine and instructions…
Drug & Device Law
You Say Durata, We Say Riata . . . Let’s Call the Whole Thing Off
This is from the non-Reed Smith side of the blog only. The George and Ira Gershwin classic, first introduced to the world through the talented voices and feet – on roller…
Mass Tort Defense
Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design
By Sean Wajert
A federal court in Texas recently rejected design defect claims in a product liability case when plaintiff failed to offer a required cost estimate fo
Product Liability & Mass Torts Blog
Manufacturers Await Decision on Whether Federal Aviation Act Precludes Design Defect Claims
By Thomas M. Crispi, Shawna Boothe
The Third Circuit Court of Appeals will soon be deciding an issue that could dramatically impact the liabilities aircraft product manufacturers may face. Specifically, the court will address the question…
Drug & Device Law
A Colorado Federal Court Adopts Restatement (Third) of Torts Section 6(c)
A federal court recently placed Colorado amongst the states that apply Restatement (Third) of Torts §6(c) in design defect cases. That’s a good place to be when you’re defending a medical device company. …
Life Sciences Legal Update
Recognition of Preemption For Design Defect Claims
By Lisa Baird
Over on the Drug & Device Law blog, Reed Smith partner Eric Alexander calls attention to Booker v. Johnson & Johnson, 2014 WL 5113305 (N.D. Ohio Oct. 10, 2014), a…
Drug & Device Law
Breaking News – Branded Design Defect Preemption
From the time that the Supreme Court handed down its decision in Mutual Pharmaceutical Co. v. Bartlett, 133 S.Ct. 2466 (2013), we have been declaring that design defect claims against branded drugs…
Drug & Device Law
Help With California’s Learned Intermediary Doctrine . . . From West Virginia
While we are often critical of federal courts that reach out to make new state law, today we commend a far-away judge for bringing California’s learned intermediary doctrine law back…
Drug & Device Law
EDNY Tosses Non-manufacturing Claims from Hip Replacement Case
Of the three main theories of product liability (design defect, manufacturing defect, and failure to warn), we find ourselves blogging way more on the first and third, and not as much on…