GINSBURG

v.

PACIFIC MUTUAL LIFE INS. CO.

Citator

Cited By

• Roche Prods., Inc. v. Bolar Pharm. Co., Inc., 733 F.2d 858 (Fed. Cir. 1984)
  …supplied, footnotes omitted.] The Court of Claims, whose precedents bind us, on several occasions has considered the defense of experimental use. [*863] See Ordnance Engineering Corp. v. United States, 84 Ct.Cl. 1, 32 USPQ 614 (1936), cert. denied, 302 U.S. 708, 58 S.Ct. 28, 82 L.Ed. 547, 37 USPQ 842 (1937); Chesterfield v. United States, 159 F.Supp. 371, 141 Ct.Cl. 838, 116 USPQ 445 (1958); Douglas v. United States, 181 USPQ 170 (Ct.Cl.Tr. Div.1974), aff'd, 510 F. 2d 364, 206 Ct.Cl. 96, 184 USPQ 613, cert…
• Pitcairn v. The United States, 547 F.2d 1106 (Ct. Cl. 1976)
  …e of defendant’s witnesses testified that the testing of helicopters “was use of those helicopters for the Government.” Defendant contends that under this court’s decisions in Ordnance Eng’r Corp. v. United States, 84 Ct.Cl. 1 (1936), cert. denied, 302 U.S. 708, 58 S.Ct. 28, 82 L.Ed. 547 (1937) and 96 Ct.Cl. 278 (1942), and Chesterfield v. United States, 159 F.Supp. 371, 141 Ct.Cl. 838 (1958), devices of an infringing construction which were used for experimental or test purposes are to be excluded from th…
• Luria Bros. & Co., Inc. v. Alliance Assurance Co., Ltd., 780 F.2d 1082 (2d Cir. 1986)
  …t waive a defense by asserting another defense as grounds for declination if it had no knowledge of the facts giving rise to the unasserted defense. See Ginsburg v. Pacific Mut. Life Ins. Co. of California, 89 F. 2d 158, 160 (2d Cir.), cert. denied, 302 U.S. 708, 58 S.Ct. 27, 82 L.Ed. 546 (1937). But, at the time the underwriters here initially declined liability, they knew that the vessel had experienced severe fires in the holds with temperatures in excess of 1100 degrees fahrenheit, and had later sunk. T…