Sentences with phrase «bases for product liability»

Negligence, strict liability, or breach of warranty of fitness are generally the main bases for product liability claims.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.
A policyholder could find itself in the position of recalling on its own initiative or being asked by FDA to recall based on this «reasonable probability» standard, but not being able to satisfy the definition of «accidental contamination» under its specialty policy because it can not prove its product was W With the frequency of costly product recalls on the rise, many companies have considered purchasing specialty recall coverage to secure coverage for certain recall - related losses that are often excluded from general liability and property policies.
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IN NO EVENT SHALL THE BLUE BUFFALO PARTIES» LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
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Second, and most important, motor vehicle litigation will move from a system where accidents are assessed based on driver negligence to a products liability system, where manufacturers bear more of the burden for failure of things such as sensors and warning systems.
Brendan has acted on a wide range of insurance and reinsurance matters for Australian - based and international clients, including flooding, storm, earthquake, fire and explosion events, electricity supply issues and machinery break - downs, as well as high - value class action litigation, public and product liability, and subrogation claims.
If you are looking for a Kansas City personal injury attorney who is experienced in auto accidents, premises liability, work accidents and product liability you can trust in a lawyer from Ketchmark and McCreight, P.C., a Kansas City - based law firm dedicated to personal injury law.
Although there is no limit to the list of products that could form the basis of a products liability suit, some of the more common product categories include apparel, asbestos, chemicals, cosmetics, firearms, food (most recently fast food, which has been contended to be at least partly responsible for America's obesity epidemic), machinery and tools, medical products and devices, motor vehicles, pharmaceutical products, recreational products, and tobacco.
2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SmartAdvocate ® - The best plaintiff personal injury case management software AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SmartAdvocate ® - The best plaintiff personal injury case management software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The court held that because the plaintiff did not claim economic damage for the loss of the shirt, the breach of warranty claims were based in tort, and were therefore part of the products liability claim under the Indiana Products Liability Actproducts liability claim under the Indiana Products Liability Acliability claim under the Indiana Products Liability ActProducts Liability AcLiability Act (IPLA).
735 ILCS 5/13-213 (c): Alteration, modification or change No product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change of the product unit after the date of first sale, lease, or delivery of possession of the product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.
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He currently serves as co-lead counsel in the In re: Gadolinium Based Contrast Agent Litigation, which is pending in the U.S. District Court for the Northern District of Ohio; the Plaintiff's Executive Committee in the In re: Abilify Products Liability Litigation pending in the U.S. District Court for the Northern District of Florida; the Plaintiff's Executive Committee in the In re: Benicar Products Liability Litigation pending in the U.S. District Court for the District of New Jersey; the Plaintiff's Steering Committee in the In re: Actos (Pioglitazone) Products Liability Litigation pending in the U.S. District Court for the Western District of Louisiana; and the Plaintiff's Steering Committee in the In re: Fresenius Granuflo / Naturalyte Dialysate Products Liability Litigation pending in the U.S. District Court for the District of Massachusetts.
Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County of Orange of action for strict and negligent products liability and negligence based on allegations of design defects, manufacturing defects, and warning defects.
In a career spanning over 36 years, Mr. Ramos has achieved over $ 5 billion in monetary recoveries for his clients, obtained injunctive relief in numerous matters, and successfully defended hundreds of clients in defeating claims asserted, on an individual or class basis in court and regulatory proceedings and arbitrations, in IP, antitrust, securities, products liability, environmental, executive compensation, employee benefits, contract, warranty, insurance, corporate control, merger, hostile takeover, real estate, landlord - tenant, oil and gas, auction, tax, and theatrical and art law disputes.
These included chairing Plaintiffs» Discovery Committees for In Re: Vioxx, In Re: Gadolinium - Based Contrast Agent Litigation, MDL 1909 (N.D. Ohio); In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2436 (E.D. Pa) and In Re: Rezulin Product Liability Litigation, MDL 1348 (S.D. N.Y).
National products liability - specific practice campaign for prominent Florida - based firm.
Finally, the claims based on the product recall failed because Florida law does not recognize a duty of care in connection with a recall separate from a general duty to act with reasonable care, and Florida does not recognize a claim for strict liability for product recall at all.
A civil lawsuit for child injury based on products liability can help parents recoup some of their hospital expenses.
Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.
Further, since a branded defendant did not sell the injurious product, there's not even an arguable basis for «stream of commerce» jurisdiction in innovator liability cases.
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By performing a quick analysis of your needs based on your liabilities and assets, we can help you find a product that is the best match for your needs and your budget.
By doing a quick needs analysis based on your current and future liabilities, we're able to find a product that is the right match for your needs and your budget.
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Professional Duties & Responsibilities Designed and installed varied residential and commercial alternative energy technologies Developed wind, solar thermal, and photovoltaic energy - based systems for multiple uses and users Responsible for cold region engineering including ice breaker technology and the Alaskan Pipeline Created and implemented mechanical engineering projects in the field of aerospace technology Designed, constructed, and oversaw operations of 100 ton gold refinery Committed to alternative energy, ecology, and cost - saving energy efficiency Significant mediation and litigation experience focused on alternative energy issues Served as intellectual property, patent, trademark, and products liability attorney University - level lecturer in business, First Amendment law, social responsibility, and ethics
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