Sentences with phrase «design defect claim»

Defended international manufacturer of steel fabricating system in federal court for multi-million dollar property damage claim arising out of massive molten steel spill and involving design defect claims.

1994)(«Liability for defective design could not be premised on strict liability, but would require proof of negligence»); Lake - Allen v. Johnson & Johnson L.P., 2009 WL 2252198, at * 2 - 3 (D. Utah July 27, 2009)(refusing to dismiss negligent design defect claim, finding comment k «limited to strict liability»).

The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.

Despite Leonard's argument that its warnings reduced the likelihood of injury and the fact that the valve had not been inspected for nearly ten years (contrary to the valve's specific instructions to do so every six to twelve months), the Court held there to be a triable issue of fact as to the plaintiff's design defect claim finding little evidence to show that the benefits of the Model 110 valve design outweighed the risk of danger.

Representation of Fortune 500 insurer in $ 28 million dispute in federal court, Middle District of Florida, involving design defect claims, where matter was settled for less than 15 percent of initial demand after motion for summary judgment was filed.

Although a judge previously dismissed Patsy's drug injury case on the grounds that a seller can not be held liable unless there is proof of an impurity or label inadequacy, an appellate panel revived her negligent design defect claim and brought the case to the state's high court.

Supreme Court Upholds Dismissal of Lead Pigment Design Defect Claim — Godoy v. E.I. du Pont de Nemours and Co. 2009 WI 78 (July 14, 2009).

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.

And third, in even the two most favorable jurisdictions for Wyeth — in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect claims involving prescription drugs — courts recognize that negligent design defect claims against prescription drug manufacturers may still be pursued.

Douglas LaSota is a member of the firm's Professional Liability Department where he focuses a portion of his practice in the defense of construction and engineering professionals and businesses in complex construction and design defect claims, breach of contract actions, and all manner of construction accidents.

The Second Circuit affirmed a district court's order granting summary judgment for the defendant (PDF file) on a failure to warn claim, and in a separate ruling issued the same day, it affirmed a jury verdict in favor of the defendant on a design defect claim.

The court entered a directed verdict in favor of the client on the failure to warn and punitive damages claim, and the Plaintiff then settled the design defect claim.

The trial court granted the defendant's motion for summary judgment on her failure to warn claim, and a jury entered a verdict in Merck's favor in October 2011 on the design defect claim.