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Full-Text Articles in Law
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
"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
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
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
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
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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
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
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
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
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
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
The New Uniform Limited Partnership Act: A Critique, Robert A. Kessler
Fordham Law Review
No abstract provided.