Legal Opinion
Edwin Lees Shaw, as Personal Representative of the Estate of Gary Scott Shaw, Deceased v. Grumman Aerospace Corporation
Court of Appeals for the Eleventh Circuit
Decided December 19, 1985No. 84-5803PublishedCited by 37 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
This case requires this Circuit to decide for the first time whether the so-called “military contractor defense” is available to shield a private defense contractor from liability to a serviceman killed as a result of an alleged design defect, in the contractor’s product. We hold that this Circuit will recognize such a defense, but we frame that defense and the rationales behind it somewhat differently from other circuits that have considered this question. Our analysis of the instant case under the terms of this defense leads us to AFFIRM the decision of the court…
2Cases cited22 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- Chappell v. WallaceSupreme Court of the United States · 1983
- Gilligan v. MorganSupreme Court of the United States · 1973
- United States v. ShearerSupreme Court of the United States · 1985
- United States v. BrownSupreme Court of the United States · 1954
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
- McMahon Ex Rel. the Estate of McMahon v. Presidential Airways, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Trevino v. General Dynamics Corp.Court of Appeals for the Fifth Circuit · 1989
- Harduvel v. General Dynamics Corp.Court of Appeals for the Eleventh Circuit · 1989
32 more not listed; retrieve them via the Exa API.