A New Dimension To What Constitutes 'Design'?

Law360, New York (March 07, 2012, 3:46 PM ET) -- All members of the U.S. Supreme Court in Kurns v. Railroad Friction Products Corp., et al. felt bound by stare decisis — in this case Napier — to hold that the petitioners' design defect claims against the manufacturers of friction products used in locomotives were preempted by the Locomotive Inspection Act (LIA).

Nevertheless, the case produced both a concurrence and a dissent. The debate revolved around the question of whether or not a "failure to warn" claim is:

A subset of design defect; Subsumed within the...
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers

Required