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· 10/14/2005

Koken v. Black & Veatch Construction, Inc.

Citations

  • 426 F.3d 39
  • 68 Fed. R. Serv. 649
  • 57 U.C.C. Rep. Serv. 2d (West) 775
  • 2005 U.S. App. LEXIS 22193
  • 2005 WL 2596458

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding factual evidence did not support a finding that the damage would not have occurred if the alternative warning had been provided
  • holding in product liability claims after fire blanket failed during torch-cutting operation, engineering expert’s opinion that there should have been warning on blanket was unreliable because expert did not explain any underlying methodology to support opinion
  • applying Maine law and granting summary judgment to the defendant on plaintiff's failure-to-warn claim because there was no evidence regarding the possible consequences of the plaintiff's proposed alternative warning
  • “The question is not the subjective expectations of the particular user, but the reasonable expectations of an ordinary user or purchaser.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Dyk, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.