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"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz Oct 2015

"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz

Fordham Law Review

This Note addresses the question of whether federal law preempts state design defect claims against generic drug manufacturers regardless of which test state law uses to determine whether a drug is defective. This issue, arising out of the U.S. Supreme Court's interpretation of preemption jurisprudence and fundamental tort law as stated in Mutual Pharmaceutical Co. v. Bartlett, is significant because it plays a large role in determining to what extent generic drug manufacturers are immune to civil liability arising out of injuries caused by their generic drugs. In an age of rising medical costs and jury awards, both plaintiff …


The Future Of Emotional Harm, Betsy J. Grey Apr 2015

The Future Of Emotional Harm, Betsy J. Grey

Fordham Law Review

Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law has developed a series of duty limitations to curb the claims and preclude them from reaching the jury for individualized analysis. The limited duty approach to emotional harm is maintained by the latest iteration of the Restatement (Third) of …


Inside The Lines: Basing Negligence Liability In Sports For Safety-Based Rule Violations On The Level Of Play, Erica K. Rosenthal Jan 2004

Inside The Lines: Basing Negligence Liability In Sports For Safety-Based Rule Violations On The Level Of Play, Erica K. Rosenthal

Fordham Law Review

No abstract provided.


Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve Jan 2004

Doctors, The Adversary System, And Procedural Reform In Medical Liability Litigation , Catherine T. Struve

Fordham Law Review

No abstract provided.


Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan Jan 2004

Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan

Fordham Law Review

No abstract provided.


An Old Law For A New World? Third-Party Liability For Terrorist Acts - From The Klan To Al Qaeda, Rebecca Blackmon Joyner Jan 2003

An Old Law For A New World? Third-Party Liability For Terrorist Acts - From The Klan To Al Qaeda, Rebecca Blackmon Joyner

Fordham Law Review

No abstract provided.


Don't Do What I Say, Do What I Mean!: Assessing A State's Responsibility For The Exploits Of Individuals Acting In Conformity With A Statement From A Head Of State, Dayna L. Kaufman Jan 2002

Don't Do What I Say, Do What I Mean!: Assessing A State's Responsibility For The Exploits Of Individuals Acting In Conformity With A Statement From A Head Of State, Dayna L. Kaufman

Fordham Law Review

No abstract provided.


Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange Jan 2000

Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange

Fordham Law Review

No abstract provided.


The Law Of Lawyers' Contracts Is Different, Joseph M. Perillo Jan 1998

The Law Of Lawyers' Contracts Is Different, Joseph M. Perillo

Fordham Law Review

No abstract provided.


Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey Jan 1996

Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey

Fordham Law Review

No abstract provided.


The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young Jan 1996

The Liability Of Corporate Officials To Their Outside Auditor For Financial Statement Fraud, Michael R. Young

Fordham Law Review

No abstract provided.


"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer Jan 1994

"Who, Me?": A Supervisor's Individual Liability For Discrimination In The Workplace, Christopher Greer

Fordham Law Review

No abstract provided.


Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin Jan 1991

Fairness Opinions And Negligent Misrepresentation: Defining Investment Bankers' Duty To Third-Party Shareholders, Michael W. Martin

Fordham Law Review

No abstract provided.


Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley Jan 1989

Retroactive Application Of Tennessee V. Garner To Civil Litigation, John G. Crowley

Fordham Law Review

No abstract provided.


Expanding The Liability Of Managing Underwriters Under The Securities Act Of 1933, Dana B. Klinges Jan 1985

Expanding The Liability Of Managing Underwriters Under The Securities Act Of 1933, Dana B. Klinges

Fordham Law Review

No abstract provided.


All The King's Horses-Irreparable Harm In Trade Secret Litigation, Edmond Gabbay Jan 1984

All The King's Horses-Irreparable Harm In Trade Secret Litigation, Edmond Gabbay

Fordham Law Review

No abstract provided.


Beshada V. Johns-Manville Products Corp.: Revolution-Or Aberration-In Products Liability Law, Andrew T. Berry Jan 1984

Beshada V. Johns-Manville Products Corp.: Revolution-Or Aberration-In Products Liability Law, Andrew T. Berry

Fordham Law Review

No abstract provided.


Manufacturer's Liability To Victims Of Handgum Crime: A Common-Law Approach, H. Todd Iveson Jan 1983

Manufacturer's Liability To Victims Of Handgum Crime: A Common-Law Approach, H. Todd Iveson

Fordham Law Review

No abstract provided.


Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister Jan 1982

Parent-Child Immunity: A Doctrine In Search Of Justification, Gail D. Hollister

Fordham Law Review

No abstract provided.


A Statute Of Repose For Product Liability Claims, Michael M. Martin Jan 1982

A Statute Of Repose For Product Liability Claims, Michael M. Martin

Fordham Law Review

No abstract provided.


Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins Jan 1981

Trustee Liability For Breach Of The Duty Of Loyalty: Good Faith Inquiry And Appreciation Damages, Barry L. Zins

Fordham Law Review

No abstract provided.


Business Purpose Doctrine: The Effect Of Motive On Federal Income Tax Liability, Harry Waizer Jan 1981

Business Purpose Doctrine: The Effect Of Motive On Federal Income Tax Liability, Harry Waizer

Fordham Law Review

No abstract provided.


Discharge Of Indebtedness Income And The Bankruptcy Tax Act Of 1980: An Economic Benefit Approach, Robert Goebel Jan 1981

Discharge Of Indebtedness Income And The Bankruptcy Tax Act Of 1980: An Economic Benefit Approach, Robert Goebel

Fordham Law Review

No abstract provided.


The Brooding Omnipresence Of The Federal Common Law: The Evisceration Of The Controlling Persons Provisions Of The Federal Securities Acts, James Duggan Jan 1981

The Brooding Omnipresence Of The Federal Common Law: The Evisceration Of The Controlling Persons Provisions Of The Federal Securities Acts, James Duggan

Fordham Law Review

No abstract provided.


The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson Jan 1980

The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson

Fordham Law Review

No abstract provided.


The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson Jan 1980

The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson

Fordham Law Review

No abstract provided.


Liability To Employees Of Independent Contractors Engaged In Inherently Dangerous Work: A Workable Workers' Compensation Proposal , Edward J. Henderson Jan 1980

Liability To Employees Of Independent Contractors Engaged In Inherently Dangerous Work: A Workable Workers' Compensation Proposal , Edward J. Henderson

Fordham Law Review

No abstract provided.


Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger Jan 1980

Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger

Fordham Law Review

No abstract provided.


Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger Jan 1980

Recklessness And The Rule 10b-5 Scienter Standard After Hochfelder , Jeanne P. Bolger

Fordham Law Review

No abstract provided.


The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler Jan 1979

The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler

Fordham Law Review

No abstract provided.