government contractor defense (Connecticut) · Go Syfert
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government contractor defense in Connecticut

5 Connecticut opinions name it 2 courts 1993–1998 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Boyle v. United Technologies Corp.green
scotus · 1988 · cited in 5 Connecticut opinions naming this issue, 1993–1998
2 sentences

1998Most recently, in Boyle v. United Technologies Corp., supra, 487 U.S. 500 , the United States Supreme Court recognized that, under certain circumstances, the government contractor defense may preclude product liability actions for design defects brought by third parties against suppliers of military equipment.

1998Both the plaintiff and the defendants have argued that if the government contractor defense does apply to the defendants, then before the defendants are deemed to be immune from liability CT Page 9857 under that defense, they must prove that they have satisfied the three-pronged test set forth in Boyle : Liability for design defects in military equipment cannot be imposed, pursuant to state law, when (1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; and (3) the supplier warned the United States about the dangers in the use of

25
Frontier Pilots Litigation Steering Committee v. Texas Air Corp.green
scotus · 1993 · cited in 1 Connecticut opinions naming this issue, 1995–1995
2 sentences

1995The question on appeal was whether “a pre-existing Military Specification (MIL-S), which was incorporated by reference in the Detail Specification for the helicopter involved in the fatal crash, constituted a ‘reasonably precise specification’ that the manufacturer was required to meet.” Id.

1995Id., 563.

11
cluster 523153green
ca4 · 1989 · cited in 1 Connecticut opinions naming this issue, 1995–1995
2 sentences

1995See, e.g., Lewis v. Babcock Industries, Inc., supra, 985 F.2d 88 ; Ramey v. Martin-Baker Aircraft Co., 874 F.2d 946, 950-51 (4th Cir. 1989).

1995See, e.g., Ramey v. Martin-Baker Aircraft Co., 874 F.2d 946 (4th Cir. 1989).

11
cluster 532776green
ca4 · 1989 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995Kleemann v. McDonnell Douglas Corp., 890 F.2d 698, 703 (4th Cir. 1989) (failure of landing gear on F/A-18; “general qualitative specifications” held not to be reasonably precise specifications), cert. denied, 495 U.S. 953 , 10 S. Ct. 2219 , 109 L.

11
cluster 537621green
ca2 · 1990 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995See In re Joint Eastern & Southern District New York Asbestos Litigation, supra, 632.

11
In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)green
ca2 · 1992 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995In re Brooklyn Navy Yard Asbestos Litigation, 971 F.2d 831, 839-40 (2d Cir. 1992). “ ‘[I]t is not unreasonable to imagine that . . . government contracts often may focus upon product content and design while leaving other safety-related decisions, such as the method of product manufacture or the nature of product warnings, to the contractor’s sole discretion.

11
Bailey v. Mcdonnell Douglas Corporationgreen
ca5 · 1993 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995See, e.g., Bailey v. McDonnell Douglas Corp., 989 F.2d 794 (5th Cir. 1993) (denying summary judgment based on government contractor defense where manufacturing defect was alleged); McGonigal v. Gearhart Industries, Inc., 851 F.2d 774 (5th Cir. 1988) (jury found contractor was not performing in compliance with government specifications regarding inspection procedures); Jackson v. Deft, Inc., 223 Cal. App. 3d 1305 , 273 Cal. Rptr. 214 (1990) (applying federal law, finding triable issue of fact concerning existence of substantial conflict between federal interest and state law under Boyle)-, Dill

11
In Re Agent Orange Product Liability Litigation.green
· 1993 · cited in 1 Connecticut opinions naming this issue, 1995–1995
1 sentence

1995See In re Agent Orange Product Liability Litigation, 996 F.2d 1425, 1436 (2d Cir. 1993), cert. denied sub nom.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Miller v. United Technologies Corp. green
conn · 1995
2 sentences

1998In Miller v. United Technologies Corp., 233 Conn. 732 , 660 A.2d 810 (1995), the Connecticut Supreme Court held that under Boyle the government contractor defense could apply in a case involving military equipment that the United States government had purchased for resale to a foreign government.

1998In Miller v. United Technologies Corp., 233 Conn. 732 , 660 A.2d 810 (1995), the Connecticut Supreme Court held that under Boyle the government contractor defense could apply in a case involving military equipment that the United States government had purchased for resale to a foreign government.

31996–1998
Yearsley v. W. A. Ross Construction Co. green
scotus · 1940
2 sentences

1998Ross Construction Co., 309 U.S. 18 , 60 S.Ct. 413 , 84 L.Ed. 554 (1940), in which the court, relying on agency theory, barred suits against government contractors performing public works projects.

1998Ross Construction Co., 309 U.S. 18 , 60 S.Ct. 413 , 84 L.Ed. 554 (1940), in which the court, relying on agency theory, barred suits against government contractors performing public works projects.

31995–1998
McDermott v. TENDUN CONSTRUCTORS, ROHR INDUSTRIES, INC. green
njsuperctappdiv · 1986
2 sentences

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S. , 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); Mc Dermott v. TENDUN Constructors, 211 N.J.

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S., 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); McDermott v. TENDUN Constructors, 211 N.J.

21998–1998
Feres v. United States green
scotus · 1950
2 sentences

1998The Feres doctrine, based on Feres v. United States, 340 U.S. 135 , 146 , 71 S.Ct. 153 , 159 , 95 L.Ed 152 (1950), renders the U.S. immune from tort liability for injuries to servicemen arising out of or in the course of any activity incident to military service.

1998The Feres doctrine, based on Feres v. United States, 340 U.S. 135 , 146 , 71 S.Ct. 153 , 159 , 95 L.Ed 152 (1950), renders the U.S. immune from tort liability for injuries to servicemen arising out of or in the course of any activity incident to military service.

21998–1998
prod.liab.rep.(cch)p 10,727 Dr. Walter Burgess and Mrs. Walter H. Burgess v. Colorado Serum Company, Inc. green
ca11 · 1985
2 sentences

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S. , 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); Mc Dermott v. TENDUN Constructors, 211 N.J.

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S., 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); McDermott v. TENDUN Constructors, 211 N.J.

21998–1998
Valerie Boruski v. The United States of America, Merck, Sharp and Dohme Company, and the City of Chicago, a Municipal Corporation green
ca7 · 1986
2 sentences

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S. , 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); Mc Dermott v. TENDUN Constructors, 211 N.J.

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S., 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); McDermott v. TENDUN Constructors, 211 N.J.

21998–1998
Mary Carley v. Wheeled Coach green
ca3 · 1993
2 sentences

1998The Third Circuit Court of Appeals in Carley v. Wheeled Coach, supra, provided a very well reasoned analysis of Boyle and concluded that the Supreme Court did not intend to limit the government contractor defense to suppliers of military equipment.

1998The Third Circuit Court of Appeals in Carley v. Wheeled Coach, supra, provided a very well reasoned analysis of Boyle and concluded that the Supreme Court did not intend to limit the government contractor defense to suppliers of military equipment.

21998–1998
Vermeulen v. Superior Court green
calctapp · 1988
2 sentences

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S. , 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); Mc Dermott v. TENDUN Constructors, 211 N.J.

1998The following Courts have held that the defense is available to all manufacturers: Carley v. Wheeled Coach, 991 F.2d 1117 (3rd Cir. 1993); Boruski v. U.S., 803 F.2d 1421 , 1430 (7th Cir. 1986); Burgess v. Colorado Serum Co. 772 F.2d 844 , 846 (11th Cir. 1985); Vermeulen v. Superior Court of Alameda County, 204 Cal.App.3d 1192 , 251 Cal Rptr. 805 , 809-810 (1988); McDermott v. TENDUN Constructors, 211 N.J.

21998–1998
Mcgonigal v. Gearhart Industries green
ca5 · 1988
1 sentence

1995See, e.g., Bailey v. McDonnell Douglas Corp., 989 F.2d 794 (5th Cir. 1993) (denying summary judgment based on government contractor defense where manufacturing defect was alleged); McGonigal v. Gearhart Industries, Inc., 851 F.2d 774 (5th Cir. 1988) (jury found contractor was not performing in compliance with government specifications regarding inspection procedures); Jackson v. Deft, Inc., 223 Cal. App. 3d 1305 , 273 Cal. Rptr. 214 (1990) (applying federal law, finding triable issue of fact concerning existence of substantial conflict between federal interest and state law under Boyle)-, Dill

11995–1995
Jackson v. Deft, Inc. green
calctapp · 1990
2 sentences

1995See, e.g., Bailey v. McDonnell Douglas Corp., 989 F.2d 794 (5th Cir. 1993) (denying summary judgment based on government contractor defense where manufacturing defect was alleged); McGonigal v. Gearhart Industries, Inc., 851 F.2d 774 (5th Cir. 1988) (jury found contractor was not performing in compliance with government specifications regarding inspection procedures); Jackson v. Deft, Inc., 223 Cal. App. 3d 1305 , 273 Cal. Rptr. 214 (1990) (applying federal law, finding triable issue of fact concerning existence of substantial conflict between federal interest and state law under Boyle)-, Dill

1995See, e.g., Bailey v. McDonnell Douglas Corp., 989 F.2d 794 (5th Cir. 1993) (denying summary judgment based on government contractor defense where manufacturing defect was alleged); McGonigal v. Gearhart Industries, Inc., 851 F.2d 774 (5th Cir. 1988) (jury found contractor was not performing in compliance with government specifications regarding inspection procedures); Jackson v. Deft, Inc., 223 Cal. App. 3d 1305 , 273 Cal. Rptr. 214 (1990) (applying federal law, finding triable issue of fact concerning existence of substantial conflict between federal interest and state law under Boyle)-, Dill

11995–1995
Kleemann v. McDonnell Douglas Corp. green
scotus · 1990
1 sentence

1995Kleemann v. McDonnell Douglas Corp., 890 F.2d 698, 703 (4th Cir. 1989) (failure of landing gear on F/A-18; “general qualitative specifications” held not to be reasonably precise specifications), cert. denied, 495 U.S. 953 , 10 S. Ct. 2219 , 109 L.

11995–1995
Sayles v. Circuit Court green
scotus · 1990
1 sentence

1995Kleemann v. McDonnell Douglas Corp., 890 F.2d 698, 703 (4th Cir. 1989) (failure of landing gear on F/A-18; “general qualitative specifications” held not to be reasonably precise specifications), cert. denied, 495 U.S. 953 , 10 S. Ct. 2219 , 109 L.

11995–1995
Dillaplain v. Lite Industries, Inc. green
moctapp · 1990
1 sentence

1995See, e.g., Bailey v. McDonnell Douglas Corp., 989 F.2d 794 (5th Cir. 1993) (denying summary judgment based on government contractor defense where manufacturing defect was alleged); McGonigal v. Gearhart Industries, Inc., 851 F.2d 774 (5th Cir. 1988) (jury found contractor was not performing in compliance with government specifications regarding inspection procedures); Jackson v. Deft, Inc., 223 Cal. App. 3d 1305 , 273 Cal. Rptr. 214 (1990) (applying federal law, finding triable issue of fact concerning existence of substantial conflict between federal interest and state law under Boyle)-, Dill

11995–1995
cluster 416621 green
ca9 · 1983
1 sentence

1993McKay v. Rockwell International Corp., supra, 704 F.2d at 450 .

11993–1993
prod.liab.rep. (Cch) P 13,474 Scott E. Lewis and Victoria Lewis v. Babcock Industries, Inc., McDonnell Douglas Corp., and General Dynamics Corporation green
ca2 · 1993
1 sentence

1993Lewis v. Babcock Industries Inc., 985 F.2d 83 (2nd.

11993–1993

Where else courts name it

TX 10 (1993–2020) CA 6 (1983–2021) NJ 5 (1986–2004) WA 5 (1994–2011) CT 5 (1993–1998) LA 4 (2013–2025) PA 3 (1991–2000) AL 2 (1989–1990) WI 2 (1998–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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