Under the government contractor defense, a supplier is immune where the government approved reasonably precise specifications, the equipment conformed to them, and the supplier warned the government of dangers known to it but not to the government.
It derives from Boyle v. United Technologies.
Alternative Names:
Military Specification Defense, Boyle Defense
Why it Matters?
The defense appears frequently in asbestos litigation involving naval and military equipment, where the government specified insulation materials and controlled the warnings permitted. Its elements are conjunctive, so failing any one defeats it, and the warning element requires establishing what the supplier knew relative to the government's own extensive knowledge. Federal officer removal frequently accompanies the defense.
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Frequently asked questions
What are the elements?
Does it support removal?
