Plaintiff Linda Secrest filed suit against Merck, Fosamax's manufacturer, in Florida in 2006, asserting causes of action
for design defects and failure to warn of the drug's risks.
Now, the justices are trying to decide whether generic drug manufacturers can be sued in state court
for design defects - especially when the generic version is an exact copy of its brand - name counterpart that the federal government had already approved.
In Texas, manufacturers are not liable
for design defects unless there is a safer alternative design and the defect makes the product unreasonably dangerous such that its risks outweigh its usefulness.
«Drugmakers May Face Liability
For Design Defects in Pa..
Companies in California can be held strictly liable
for design defects, manufacturing defects, and failure to warn about dangers associated with a product.
32 The Third Restatement specifically addresses each of manufacturing defects, design defects, and failure to warn, but, notably, ties liability
for design defects and failure to warn to «foreseeable risks.»
If any of these questions are answered affirmatively, the injured party may have grounds
for a design defect claim and should contact one of our attorneys as soon as possible.
Apple charges $ 149 service fee
for a design defect.
Not exact matches
In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials
for GED - 0301 suffered from fatal
design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA»)
for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDA.
U.S. Supreme Court justices expressed support on Tuesday
for Microsoft's bid to fend off class action claims by Xbox 360 owners who say the video game console gouges discs because of a
design defect.
West
defected from Nike (nke) to Adidas (addyy) a few years back, and
designs the Yeezy range
for the German brand.
that's right, beauty is in the imperfection,
for instants the genetic
defect that make us all look individually different is a mutation, mistake of natures
design.
If everything in the human «
design» has «purpose» then YOU explain why so many of us are myopic, why so many of us have to get braces
for our teeth to be straight, why so many of us have to get our wisdom teeth removed because there is not enough room in the jaw to support that many teeth, why there are so many birth
defects, why there is an appendix, why men have boobs, etc..
Designed to identify the characteristics of good products and
defects, creating new sorting opportunities
for nuts, dried fruit, and other food applications.
For low signal intensities, the electronic circuit was
designed to support a trivial topology, and therefore provide no protection from
defects.
Now a new Northwestern study finds how
defects affect two - dimensional crystalline structures, and the results hold information
for designing new materials.
The techniques could be used to produce more polished images
for graphic -
design projects, or, applied in the opposite direction, they could disclose structural
defects, camouflaged objects, or movements invisible to the naked eye that could be of scientific interest.
Liability
for an alleged
design defect is often determined using a risk - utility test, 36 the standards of which vary in different states.
Controlling the formation of
defects in materials is a vital part of
designing next - generation materials
for computing.
DTX 401 is
designed to address the defective gene
for the enzyme glucose -6-phosphatase-α, a
defect that results in the inability to regulate blood sugar (glucose).
Avalanche has two drug candidates
designed to treat the most common forms of color vision deficiency: AVA - 322 carries the gene
for L - opsin and targets protan
defects and AVA - 323 carries the gene
for M - opsin and targets deutan
defects.
Vanko believes that Stark's long - dead father stole the
design for the power generator that provides Iron Man's juice from Vanko's father, after the senior Vanko after he
defected to the U.S.
Some might argue (quite rightly in some cases) that local authorities were never up to the challenge of managing these contracts and there is a poor history of holding contractors to account both
for defects in
design and now the longer term maintenance of the school buildings.
I wouldn't necessarily call either service team dishonest... Best action
for the long term reliability of your car is to fix
defects to manufacturer's
design intent.
September 25, 2009: NHTSA meets with Toyota and tells the company that the floor mat recall is insufficient and the agency expects a recall
for the
defect in pedal
design.
Toyota has recalled nearly eight million vehicles in the United States
for two mechanical safety
defects that can cause unintended acceleration: «sticking» accelerator pedals and a
design flaw that can cause accelerator pedals to become trapped by floor mats.
Awards are given to the top - performing model in each segment with the lowest PP100, as well as
for the assembly plant that produces the vehicles with the fewest number of problems (plant awards are based on
defects and malfunctions only and not
design quality).
A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed
for a fee, which is
designed to identify
defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector.
In light of recent events that saw the Galaxy S7 Active failing tests it was purposefully
designed for, Samsung recently announced that it has dealt with the factory
defect.
Thomas Crow,
for example, likens fit, which he sees as intuitive, to the dynamics found in self - organizing systems both natural and man - made, ⁶ while Dave Hickey, who defines it as «the problem of formulating complex
design problems,» proposes that it is «only recognizable in its
defect»: It makes itself apparent only when it doesn't fully succeed.
And while a
defect in
design is a cause
for a product liability lawsuit, it may be difficult
for Pa personal injury lawyers to bring such lawsuits, absent any real injury.
Injuries resulting from faulty product
designs, faulty manufacturing, misleading advertising, poor or inadequate instructions / warnings, or other
defects related to a product, require consumers to seek immediate legal attention to allow
for investigation and preservation of evidence.
Design Defect: a mistake or flaw in the design of a product that causes it to be dangerous when used for its intended p
Design Defect: a mistake or flaw in the
design of a product that causes it to be dangerous when used for its intended p
design of a product that causes it to be dangerous when used
for its intended purpose
When cribs have manufacturing or
design defects, they no longer provide a secure environment
for these small, vulnerable infants.
The manufacturer of a product that contains a
defect in the product's manufacture or
design or as a result of the manufacturer's or seller's failure to warn of the product's dangers may be held liable in a product liability action
for injuries sustained by a child as a result of the child's use of or exposure to the product.
Defects in
design are a huge cause of action
for Pa personal injury lawyers.
Our auto
defect attorneys have extensive experience recovering damages
for clients who suffered serious injuries or have lost loved ones due to negligently
designed or manufactured vehicles and auto component parts, such as:
If your injury was caused by a
defect in the
design or manufacturing process, then the person or company responsible
for the
defect may be liable to compensate you
for your injuries through a product liability claim.
Unlike a
design defect, the manufacturer did not plan
for a
defect in this case.
We also collaborate with a respected network of engineers and
design experts to examine the every single part of the motorcycle
for evidence of product or
design defects.
There are cases in which the driver and trucking company handled everything correctly, yet a major
defect in a piece of equipment or a
design flaw is to blame
for the accident.
Sell & Melton has handled aviation cases in state and federal courts involving General Aviation (Part 91), Commercial Operations and Air Carriers
for Hire (Part 119 and Part 135), Repair Stations (Part 145), Fixed Base Operators, Student Pilots, Instructor Pilots, Aircraft Mechanics, Designated Airworthiness Representatives (DAR's), IFR / VFR issues, Pilot - in - Command issues, Crop Dusters, Helicopters / Rotorcraft, manufacturing and
design defects, property damage claims, personal injury claims, and wrongful death claims.
Such liability can occur,
for example, if a product, such as a car that is involved in a vehicle accident, contains a
defect in manufacture or
design and the
defect is found to have been a cause of a fetus's death.
An airbag must be tested
for defects in
design, sensors, calibration, and software.
For instance, if it is believed a design or part defect was responsible for the accident, the truck manufacturer may also be brought into the cla
For instance, if it is believed a
design or part
defect was responsible
for the accident, the truck manufacturer may also be brought into the cla
for the accident, the truck manufacturer may also be brought into the claim.
If a
design, manufacturing or labeling
defect caused or contributed to your injuries, we can help you file a product liability lawsuit to recover compensation
for your medical bills and other damages.
Louisiana Revised Statute 9:2800.54 (C) allows a claim
for a
defect in
design to be pursued not only based on the condition of the product when made, but also based on any «reasonably anticipated alteration or modification».
The big pharmaceutical company, Johnson & Johnson, was found liable
for design flaws, manufacturing
defects, fraud, deceptive business practices, and the claim also asserts that the company acted with wanton, reckless, or malicious conduct.
Manufacturing
defects,
design defects and general product
defects can each be responsible
for the accidental discharge of a firearm or another type of accident, and you may be able to file a claim against the manufacturer of that firearm.
«Ford must be held accountable
for design and manufacturing
defects of the PowerShift transmission that has compromised the safety of the vehicles and cost owners significant loss in vehicle value, reliable transportation and time,» Stern said.