Sentences with phrase «product liability claims under»

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 Act (IPLA).

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

The hospital further contended that the state law product liability claims were preempted under the MDA.

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.

Victims filing claims under automotive product liability law may be able to receive compensatory and / or punitive damages.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).

Represented a national developer of human resources management software systems in successfully defending products liability / contract claims arising under software licensing and implementation agreements.

In addition to his professional indemnity expertise, Damian is regularly instructed by insurers in connection with property related claims (including pursuing recoveries), product liability claims and claims arising under D&O policies.

He has acted successfully in many major commercial cases involving corporate and contract disputes, shareholders litigation, first party claims under property policies, disputes under liability policies, D & O, subrogation, casualty, product liability and professional malpractice claims.

Damian also undertakes other liability work for major insurers, under public liability policies, including product liability cases and claims arising out of property damage.He has considerable experience of acting in claims against Independent Financial Advisers, investment managers, accountants, actuaries and other professionals associated with the financial services sector, as well as solicitors and insurance brokers.

There are three categories of defects which result in claims for compensation under product liability law:

Design and Warning Defect Claims Under Massachusetts Product Liability Law: Completing the Merger of Negligence and Warranty, BOSTON BAR JOURNAL (March / April 1999)

In Ontario, at least, when each lawsuit is started, a form is filed with the court (called Information for Court Use) where a party ticks of what area of law the claim falls under, such as contract law, employment law, product liability etc..

and its President were sued for wrongful deaths under a claimed maritime products liability theory.Plaintiffs» were killed during a high...

Under what circumstances does someone have a strong enough product liability claim in Kansas to file and maybe even take all the way trial?

Find out which category your product liability claim falls under, and allow us to seek compensation on behalf of you or a loved one.

With regard to your hypothetical, a claim involving a defective piece of machinery would fall under «product liability» law, and thus would not be affected by medical malpractice damage caps at all.

She has been involved in a diverse range of professional negligence claims, commercial disputes, claims under directors and officers policies, product liability claims and employment disputes and has experience in large scale high quantum cases involving litigation, mediation and arbitration.

In Massachusetts, product liability actions typically assert claims of both negligence and breach of warranty and normally contain a count under chapter 93A, Massachusetts's consumer protection statute

If you subscribe to the Marvel Unlimited Service directly with Marvel on the Website and you download the App through a third party (e.g., Apple / iTunes or Google Play), you understand that the third party is not responsible for addressing any claims by you or any other person relating to the App or your possession and / or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation; in addition, the third party is not responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim related to the App or your possession and use of the App.