The Government Contractor Defense

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The New Mexico Trial Lawyer: The Journal of the New Mexico Trial Lawyers' Foundation, Vol: 21, Issue: 5, Page: 8

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Stout, David J.
article description
Litigation involving defective products has increasingly become a pre-trial battle to overcome a series of technical defenses that have become a stock part of the manufacturer's defense.Defendants invariably raise the government contractor defense where the defective product resulted from some governmental involvement in the manufacturing process, no matter how peripheral or superfluous was the government's involvement in that process.The defense by its nature only applies to design defect cases. A defect in the manufacturing process is not protected by the defense.