Law Commons^™

It's About Time: The Long Overdue Demise Of Statutes Of Repose In Latent Toxic Tort Litigation, Jean M. Eggen

Jean M. Eggen

Toxic Torts In A Nutshell, Jean Eggen

Jean M. Eggen

No abstract provided.

Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen

Jean M. Eggen

Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate …

Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury

Jean M. Eggen

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to be the catalyst for significant changes in the law. Over the past several decades, research in functional neuroimaging has sought to explain a vast array of human thought processes and behaviors, and the law has taken notice. Although functional neuroimaging is not yet close to being a staple in the courtroom, the information acquired from these studies has been featured in a handful of cases, including a few before the United States Supreme Court. Our assertion involves the incorporation of functional neuroscience evidence in tort …

Federal Preemption Of Claims Based On Cell Phone Hazards: Farina V. Nokia And The Road To The U.S. Supreme Court, Jean Eggen

Jean M. Eggen

No abstract provided.

Punitive Damages And The Public Health Agenda, Jean Eggen

Jean M. Eggen

No abstract provided.

The Mature Product Preemption Doctrine: The Unitary Standard And The Paradox Of Consumer Protection, Jean M. Eggen

Jean M. Eggen

The history of the U.S. Supreme Court's product preemption doctrine has been characterized by inconsistency and confusion. Product regulation and common-law product liability actions are primarily concerned with assuring the health and safety of the consuming public, and it is not surprising that the Court's product preemption decisions have focused substantially on medical devices and drugs. Recent government studies have shown, however, that the FDA is hampered in reaching its safety goals by insufficient resources and increasing demands. This article reassesses the Court's product preemption doctrine in the light of a triad of new decisions issued in 2008 and 2009. …

Punitive Damages And The Tobacco Industry: New Guidelines From The U. S. Supreme Court, Jean M. Eggen

Jean M. Eggen

No abstract provided.

The Normalization Of Product Preemption Doctrine, Jean M. Eggen

Jean M. Eggen

When the United States Supreme Court decided Geier v. American Honda Motor Company in 2000, much speculation ensued as to whether the Court was establishing a new set of preemption rules for product liability cases, in which implied preemption could be used to bar most of plaintiffs' claims, even where the relevant federal statute's express preemption provision did not do so. Most commentators declared the doctrine of preemption in a hopeless state of disarray following Geier. This article argues that the 2005 Supreme Court decision in Bates v. Dow Agrosciences LLC demonstrated a consistency with the earlier Court decisions in …

Shedding Light On The Preemption Doctrine In Product Liability Actions: Defining The Scope Of Buckman And Sprietsma, Jean M. Eggen

Jean M. Eggen

No abstract provided.

Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen

Jean M. Eggen

Although tens of thousands of Americans die from gun violence every year, the regulation of firearms remains inadequate. Those who are injured, or the survivors of those killed by guns, therefore have sought relief through tort law against those who manufacture these uniquely deadly products. With rare exceptions, however, these suits have been unsuccessful. Most courts have found that the conduct of gun manufacturers is not actionable under strict product liability doctrine, negligence, or the law of abnormally dangerous activities. This Article argues that courts have been too reluctant to apply tort liability to gun manufacturers. It is possible and …

Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen

Jean M. Eggen

During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …

Foreword, Jean M. Eggen

Jean M. Eggen

No abstract provided.