A New Dimension To What Constitutes 'Design'?

Law360, New York (March 7, 2012, 3:46 PM EST) -- 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...
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