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.
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.
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.
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.
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.
Jason Pettus is a civil litigation defense attorney with a strong litigation background through the representation of general contractors, subcontractors, owners, and design professionals in the resolution of all manner of construction issues, including construction /
design defect claims, environmental claims and contractual disputes, catastrophic injury, premises liability, and motor vehicle accidents in both state and federal courts, as well as insurance coverage analysis, advisement of clients, and coverage litigation.
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.
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.
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.
Not exact matches
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.
While the landscape is somewhat in flux with respect to the specific theories of liability that can be invoked to pursue
claims regarding manufacturing
defects,
design defects, and failure to warn, all three remain central to products liability law.
These were the Quartz Lock radios, which some
claim had a high
defect rate; they had numerous grounds to the radio chassis
designed in, making them harder to work on.
«What's different here is the «failure to warn» and «
design defect»
claims — they have not been made in regard to climate change yet — and these are
claims that rely on a long history of the industry's knowledge and allegedly deceptive activities,» he said.
Plaintiffs began filing lawsuits across the country
claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn,
design defects, manufacturing
defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.
Dana Chaaban focuses her practice on commercial and construction litigation, where she represents developers, contractors, material suppliers, and
design professionals in disputes involving construction
defect claims, delay
claims, construction lien issues, and contract disputes.
Manufacturing
defects,
design defects and failure to warn consumers of the harmful effects from products continue to fuel product liability
claims and have made this case type a growing area of litigation.
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.
Defended a major U.S. - based automobile manufacturer in
claims of property damage arising from vehicle and structural fires, and against insurance subrogation actions alleging
design, manufacturing, and warning
defects
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.
If your
claim covers defective
design, defective engineering, failure of install products, longevity, insufficient installations, analysis, hazardous outgassing, structural failures, and other construction
defect claims it may be time to get in touch with a member of our team that is experienced in construction law.
We have handled all types of car accident
claims, including those based on manufacturing,
design, and failure - to - warn
defects.
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
claim.
Today, attorneys who understand the dangers underlying automotive
design defects focus their efforts on crashworthiness cases, also known as «enhanced injury» or «second collision»
claims.
Defense of both foreign and domestic automobile manufacturers in more than 600 cases involving a wide variety of alleged
design or manufacturing
defects, including cases involving air bag, seat belt, vehicle structure and other crashworthiness
claims;
There are three (3) major types of products liability
claims: manufacturing
defect,
design defect, and «failure to warn» (also known as marketing
defects).
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.
Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and
design defects, to breach of implied warranty.
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.
We handle lien perfection and lien resolution matters, construction and
design defect matters, and professional liability
claims involving architects and engineers.
Dana represents developers, contractors, material suppliers, and
design professionals in disputes involving construction
defect claims, delay
claims, construction lien issues, and contract disputes.
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.
Lyons has handled a wide array of complex products liability cases ranging from automotive
design and manufacturing
defect claims to complex aviation cases involving airplane and helicopter disasters.
Hathaway alleged that the shirt had both a manufacturing
defect and a
design defect, and he
claimed that Cintas was liable for failure to warn of the risk of injury.
Member of trial team involving multiple pharmaceutical product liability
claims for multinational, Fortune 50 pharmaceutical company in various venues throughout Texas and the United States; Trial co-counsel involving alleged marketing and
design defect allegations in multiple trials lasting several weeks to several months.
We handle a wide variety of product
defect claims, including
defect design, defective manufacture and failure to warn problems.
A product liability
claim requires the plaintiff to demonstrate a
design defect, a manufacturing flaw or a failure to warn of dangers.
Car accident litigation may also include a product liability
claim against the manufacturer of a vehicle or part of a vehicle, alleging a
design or manufacturing
defect which contributed to the accident.
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.
Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage
claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged
design, manufacturing, and warning
defects.
Design and Warning
Defect Claims Under Massachusetts Product Liability Law: Completing the Merger of Negligence and Warranty, BOSTON BAR JOURNAL (March / April 1999)
In
design defect cases, there are two different tests a court is likely to use in connection with a plaintiff's
claim.
Thus, Wyeth's central argument, that the unavailability of a strict liability
claim thereby precludes a
claim for negligent
design defect, is simply incorrect.
Defended domestic mobile, all - terrain crane manufacturer in wrongful death case in state court involving
claims of
design defect.
Dozens of her articles relating to legal issues for
design professionals, and risk avoidance for construction projects have been published, and she routinely lectures to multiple national, regional, and local construction - related industries on legal matters, including the American Council of Engineering Companies (ACEC) and the American Institute of Architects (AIA), the Construction
Defect Claims Managers Association (CDCMA) and the Construction Super Conference.
Defending
claims against hospitals arising from
defects in
design, manufacture and maintenance of equipment and medical devices, including imaging systems, defibrillators, endoscopy equipment, surgical instrumentation and fixation devices.
The party who brings a product liability
claim, that is a lawsuit asserting that the vehicle or a part of the vehicle was
designed or manufactured with
defects that caused the injuries or death must be able to prove to a preponderance of the evidence that more probably true than not the cause of such injuries or death was the fault of that manufacturer and distributor.