What is the test for invoking the government contractor defense?

MultiRegion, United States of America

The following excerpt is from Fontalvo v. Sikorsky Aircraft Corp., Civil Action No. 13-cv-0331-GPC-KSC (S.D. Cal. 2013):

To invoke the government contractor defense, the contractor must show three elements: "(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 the equipment that were known to the supplier but not to the United States." Boyle v. United Tech. Corp., 487 U.S. 500, 512 (1988). The Boyle court explained that the procurement of military equipment involved "uniquely federal interests" that sometimes preempt a plaintiff's product liability claims against government contractors. Id. at 504. The parties dispute whether Defendant has sufficiently shown a "colorable" claim to the government contractor defense.

Other Questions


Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Does the federal rule of evidence govern privilege regarding privilege regarding a claim or defense for which state law governs? (MultiRegion, United States of America)
Does a general liability clause in a civil contract allow the government to demand indemnity from a contractor for damages arising from the contractor's negligence? (MultiRegion, United States of America)
What is the government's failure to assist the defense by disclosing information material to the defense? (MultiRegion, United States of America)
Can a defense be made against the government for the use of a steam-boat, which involved bad faith on the part of the government? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
What is the government's argument in support of its contention that the federal government does not have the authority to compel pretrial disclosure of the identity of government witnesses? (MultiRegion, United States of America)
Can the government respond to a defense counsel's summation comments that impugned the integrity of the government's case? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
What is the effect of an administrative forfeiture on an action brought by a former employee of a federal government contractor? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.