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Topic

design defect

142 published works

  1. Insurance Law Hawaii

    Ensuing Loss Does Not Salvage Coverage For Defective Design

    By Tred R. Eyerly

       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.…

  2. TortsProf Blog

    TX: No Design Defect in Case of Intentional Misuse

    By Christopher Robinette

    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…

  3. Drug & Device Law

    You Say Durata, We Say Riata . . . Let’s Call the Whole Thing Off

    By Michelle Yeary

    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…

  4. 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

  5. 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…

  6. Drug & Device Law

    A Colorado Federal Court Adopts Restatement (Third) of Torts Section 6(c)

    By John Sullivan

    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. …

  7. 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…

  8. Drug & Device Law

    Breaking News – Branded Design Defect Preemption

    By Eric Alexander

    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…

  9. Drug & Device Law

    Help With California’s Learned Intermediary Doctrine . . . From West Virginia

    By Steven Boranian

    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…

  10. Drug & Device Law

    EDNY Tosses Non-manufacturing Claims from Hip Replacement Case

    By Stephen McConnell

    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…