Sentences with phrase «negligent design»

To prevent more deaths caused by negligent design, government agencies, consumer groups, as well as individual consumers must collaborate to raise awareness.

On March 23, 2016, a First Circuit panel of three judges, which included retired U.S. Supreme Court Justice David Souter, ruled that a district judge properly dismissed Michael Tersigni's negligent design claim because he failed to present evidence of a reasonable alternative design.

Thus, Wyeth's central argument, that the unavailability of a strict liability claim thereby precludes a claim for negligent design defect, is simply incorrect.

Acting for a bank to recover its investment in two failed biomass waste - to - energy projects from an EPC Contractor for negligent design and / or construction.

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 statute of repose shields builders and others involved in construction projects from lawsuits alleging negligent design if an injury occurs more than 10 years after those projects have been substantially completed.

Litigation involving architecture usually involves some failure in the construction process, a dispute over lease terms like sight lines or common areas, an insurance claim involving an allegedly negligent design, or the responsibility for a building damaged in a natural disaster.

Now, the Pfizer subsidiary will face negligent design and marketing allegations over the popular diet pill linked to the Fen - Phen craze.

On March 23, in affirming the district judge's dismissal of Tersigni's negligent design claim, the First Circuit panel agreed with Hughes Hubbard that Massachusetts courts have recognized that claim against other products but never against a prescription drug.

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.

Accidents can also be caused by negligent designed or defective design of boating or water equipment.

Architects — acting in defence of negligence claims for # 250,000 relating to alleged negligent design and alleged failure to inspect / supervise work.

Bader Farms Inc. may bring counts of failure to warn, negligent design and marketing, and negligent training against BASF for alleged crop damage

Construction Defect is the legal environment surrounding the negligent design or construction of a building.

If a loved one passes away as a result of the car manufacturer's negligent design or manufacture, the decedent's spouse and children are entitled to:

You may sustain an injury because of the negligent design, manufacture or distribution of a dangerous or defective tool or piece of machinery / equipment.

If you have been under fire for allegedly causing a negligent design, an electrical problem or another defect, consult an experienced lawyer to protect your reputation.

Representing a condominium homeowners association in arbitration of the owners» claims for misrepresentation, negligent design and construction following the conversion of the property from apartments to condominiums.

Depending on the particular facts of your case, you may be able to allege causes of action including strict liability or negligent design.

Before the Tersigni trial began, a district judge granted Wyeth's motion for summary judgment on most of Tersigni's claims, including his negligent design claim, which alleged that Wyeth knew, or should have known, that Pondimin was unreasonably dangerous and continued to market it.

Tersigni argued on appeal that the district judge improperly dismissed his negligent design claim and that the jury was biased by evidence Wyeth presented that he had once been incarcerated and that he had occasionally used cocaine, potentially contributing to his health problems.

The district judge held that Massachusetts courts would not recognize a cause of action for the negligent design of a prescription drug.

On Aug. 24, Hughes Hubbard successfully blocked Tersigni's move to take his negligent design claim to the highest state court in Massachusetts, but Tersigni was allowed to raise the argument again in his merits brief.

O'Neal's wife filed suit against Remington for the negligent design of the trigger mechanism.

Regressive Maryland personal injury laws ensure that neither the drivers nor the City of College Park can be successfully sued for negligent driving behavior or negligent design or maintenance of the roadway and so there is no «big stick» to change this vicious cycle.

The case involved 5 plaintiffs and multiple defendants alleging carbon monoxide poisoning due to negligent design, installation, and maintenance of the hvac system.

Ultimately, the court found that the plaintiff did not establish a negligent design, and the case was decided in favor of the defendant.

A defective product is one that harms a person as a result of a negligent design, manufacturing process, or inadequate testing.

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.

It went to trial on 5 theories of liability: strict liability design defect, negligent design defect, fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation.

Had Leonard been aware of the Court's opinion on the adequacy of its warning label, perhaps it would not have insisted on further relying upon it in defense of its argument for summary judgment on the plaintiff's negligent design claim.

Perell determined the plaintiffs would have to provide more evidence in order to establish there was some basis in fact for common issues for their negligent design claim, as well as their claim that the manufacturer had failed to warn.