Sentences with phrase «by design defects»

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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.

This referendum was called by U.K. Prime Minister David Cameron because of a promise made in his election campaign to renegotiate terms with the EU and then hold a referendum, designed to win over voters he feared would defect to UKIP.

While the Sponsor believes it has developed a proprietary Security System reasonably designed to safeguard, to the extent possible, the Trust's Bitcoins from theft, loss, destruction or other issues relating to hackers and technological attack, the Security System is not impenetrable and may not be free from defect, and any loss due to a security breach or software defect will be borne by the Trust, absent gross negligence, willful misconduct or fraud on the part of the Sponsor, the Trustee or their agents.

In 2006, the firm settled with Attorney General Eliot Spitzer to fix water damage and structural defects in a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective design.

Dr. Kasra Momeni, Director of Advanced Hierarchical Materials by Design Laboratory and faculty member of Mechanical Engineering at Louisiana Tech University, elaborates that the presence of structural defects including stacking faults can significantly alter the stress distribution.

After all, the first reactor built at Qinshan back in 1990 — the first reactor ever designed and constructed entirely by the Chinese — had to be torn down and rebuilt because of faults in the foundation as well as defects in the welding of the steel vessel that contained the reactor itself.

Scientists can design such defects by selecting the appropriate ion species (e.g., protons, gold ions, argon ions) and ion energy.

In an opinion joined by five of his colleagues, Antonin Scalia carefully parsed the language of the 1986 act, which didn't mention the specific type of problem the girl's family had raised: a so - called design defect.

Risk - utility tests generally examine whether the risks posed by an alleged design defect could have been avoided or reduced through the use of an alternative solution that would not have impaired the utility of the product or unnecessarily increased its cost.

Grimm's aesthetically striking set design is well - serviced by this 1.85:1 anamorphic transfer, which delivers rich colors without defect.

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.

The five - passenger's design was overseen by Peter Schreyer, while ride and handling were developed by Albert Biermann, who defected from BMW's M division.

In addition, this Warranty does not apply: (a) to consumable parts that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to damage caused by a third party device or service (including upgrades and expansions), or (c) to obsolescence or lack of utility with future versions of external hardware or software, including, but not limited to mobile devices.

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.

And the first question designers need to ask themselves when getting started is quite a doozy.If our intent is to, by design, fill the oceans with plastic, create products that cause cancer and birth defects, acidify the oceans... then we're doing a really great job, McDonough stated in his keynote.

A product can be defective under several grounds but defect in design can often be brought up by a Pennsylvania personal injury attorney.

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.

While a number of factors can contribute to the cause of a car accident such as road design, weather conditions, driver skill level, driver impairment (alcohol or drugs), driver behavior, road debris, or a defect in automotive design, by far the majority of car accidents can be traced back to some form of driver negligence.

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.

If you have been injured by a defect in the design, production or assembly of a product, or if the manufacturer should have warned of certain hazards inherent in the product, our law firm can investigate the facts and pursue your rights against any and all responsible parties.

A design defect may occur if someone is injured by a product even though it was manufactured according to specifications.

If you've been hurt by a product due to a manufacturing defect or flaw, design issue, or in - effective marketing to warn of dangers, reach out to Action Law Offices to see if you have a potential lawsuit.

A design defect occurs when the entire line of products produced by the manufacturer is unreasonably dangerous.

The lawsuit, which was filed on behalf of two Maryland residents by personal injury attorneys, claims that Apple and AT&T knew about the design and manufacturing defects of the product before the product was released to consumers and that the defendants have failed to provide customer support on the issue.

all costs rendered necessary by defects of material workmanship, design, plan, or specification, and should damage occur to any portion of the Insured Property containing any of the said defects the cost of replacement or rectification which is hereby excluded is that cost which would have been incurred if replacement or rectification of the Insured Property had been put in hand immediately prior to the said damage.For the purpose of this policy and not merely this exclusion it is understood and agreed that any portion of the Insured Property shall not be regarded as damaged solely by virtue of the existence of any defect of material workmanship, design, plan or specification.

[1] In Rogue One, a Star Wars movie, it was revealed that the designer of the Death Star for the Empire intentionally included a design defect that was not located by anyone else involved in the project (something that was made possible because he was in charge of the project, although he did so under duress).

When a tire fails before a crash and thereby causes a crash - and is determined to have done so due to a design, manufacturing, or warnings defect, the tire manufacturer and others in the chain of the tire's production and distribution may be held strictly liable for consequent damages suffered by injured victims or deceased victims» survivors.

-- Consumers in Arizona are protected against dangerous and defective products by state and federal laws, but manufacturing and design defects contribute to numerous injuries each year.

A product can become dangerous in several ways: through design defect, manufacturing defect or mislabeling or false advertising by the product marketer.

People who are injured in accidents that are caused by defects in the design or the equipment may be able to recover damages by filing personal injury lawsuits based on claims of products liability against the vehicle manufacturers.

$ 17 million design defect, professional negligence and fraud claim brought by Premier Air and United States Aviation Underwriters involving the collapse of an airport hangar during a storm at the St. Louis Regional Airport in, Illinois which damaged two private jets.

Generally, product - liability actions are brought by plaintiffs who have suffered an injury that was caused by a defect in a product's design or manufacture.

At Moffitt & Phillips, PLLC, we represent people who have been injured or killed by defective products or unsafe products that have design defects (intended design is unreasonably dangerous), manufacturing defects (product does not conform to the designer's or manufacturer's specifications), or marketing defects (improper or misleading labels, insufficient instructions, or failure to warn about a product's hidden dangers.)

If the blowout was caused by a manufacturing or design defect, a product liability lawsuit can be brought against the manufacturer.

The establishment of a defect in manufacture or design, an injury caused by the defect, and damages sustained as a result of the injury are all that is required to establish the requisite elements of this form of personal - injury cause of action.

At George Sink, P.A. Injury Lawyers, we fight for those who were harmed due to road defects, car design defects, car accidents caused by others, and more — and without regard to the education or income level of those who are harmed.

In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, «This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design.»

If you've been injured in an accident caused by a manufacturing or design defect, contact us online or call us at [phone].

The Cochran Firm, D.C.'s attorneys are also well versed in product liability laws; if there were any defects in the design or manufacturing of the commercial vehicle you were hurt by, the vehicle's manufacturers may be held liable for your injuries as well.

Manufacturers are required by law to make every effort to prevent defects in all areas of design, manufacture and marketing and those to distribute and sell the product are also legally and ethically obligated to examine and exercise discretion regarding the products they sell.

In addition to a claim against the negligent party in a crash like this, the burn injuries that are suffered by drivers and passengers because of the automotive defects in manufacture or design may allow to a claim against the car manufacturer for product liability, breach of warranty and negligence.

Recent instructions include: • Acting as Junior Counsel to Roddy Dunlop QC in a seven figure claim relating to failure by solicitors to obtain a standard security in relation to loan funds advanced by a commercial lender • Acting as Junior Counsel to Alistair Clark QC (as he then was) on behalf of the pursuers, a major commercial lender, in pursuing seven figure negligence claims against solicitors and surveyors relating to their advance of loan funds for the purchase of commercial property • Acting as Junior Counsel to Heriot Currie QC for one of the defenders (a firm of architects) in a seven figure multi-party claim relating to construction and design defects at a major shopping centre • Acting as Junior Counsel to Alastair Duncan QC for one of the defenders in a claim against both solicitors and counsel relating to alleged negligence by family lawyers relating to the preparation of a settlement agreement • Acting as sole counsel for the pursuer in a claim against solicitors for allowing the time bar of her clinical negligence action against a health board

If a product has an inherent design or manufacturing defect, you may be entitled to seek compensation by file a product liability claim.

It would most likely be up to a jury to consider whether modern day football helmet has any design defects and, in weighing that question, a Massachusetts jury would be asked to weigh several factors: - the gravity of the danger posed by the current football helmet design - the likelihood that head injury will result from the use of the helmet - the technical feasibility of a safer alternative design - the financial feasibility of that alternative design, and - any other consequences likely to result from the alternative design However, even if a jury were to conclude that there exists a cost - effective design that would be more effective in preventing head injuries than the current football helmet design, the manufacturer might still have a few defenses under Massachusetts law: the so - called Vassallo defense and Correia defense.

Owners of iPhone 6 and iPhone 6 Plus units afflicted by the alleged design defect dubbed «Touch IC Disease» won't get much aid from the Genius Bar, but a U.S. law firm is looking to help users take Apple to court.

The equipment needs to be cleaned and lubricated by the Design Printing Machine Setter and the setter has to inspect the product in order to check for defects

Received Merit Award and Lean Six Sigma Green Belt Certification for design and global launch of Oracle - based defect tracking system by identifying and developing strategic plans, conducting systems analysis, technical design, coding, testing, and training, resulting in reduced course developer cycle time and streamlined resource costs.

Merck & Co. / Schering Plough Research Institute (Summit, NJ) 2004 — 2006 Scientist II / Release Coordinator • Coordinated and managed daily operations of scientific research and development group • Prioritized and assigned work and tracked batch release activities • Analyzed and characterized manufacturing and design defects in packaging components • Developed and utilized alternative sampling plan to reduce sample size by 50 - 60 % • Recommended software package to cut expenses by 40 % while increasing productivity • Improved customer satisfaction rating by 39 % through service process restructuring • Offered product development and launch expertise to ensure timely product roll - outs

Professional Experience Accenture (Chicago, IL) 2007 — Present Consultant for Department of Defense (2008 — Present) • Collaborate with management and client counterparts to identify key issues / risks and develop appropriate solutions, earning consistent high rankings for project success within peer group and managing resource regularly with little supervision • Develop procurement business processes models and sound functional designs for SAP Enterprise Resource Planning system • Lead system test phase for SAP Document Builder and Tech Quality (Material Management), holding responsibility for test case creation, data management, and status reporting • Identify cross-process gaps in custom functionality through systems design analyses, uncovering significant cost savings • Provide troubleshooting guidance by debugging software, working closely with technical counterparts during test / build phases of project to expedite issue resolution, including several hundred defects revealed through program testing • Obtain public trust clearance, issued by the US Department of Defense