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Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407, Cynara Hermes Mcquillan
Limiting Limited Liability: Requiring More Than Mere Subsequence Under Federal Rule Of Evidence 407, Cynara Hermes Mcquillan
Scholarly Works
Rule 407 of the Federal Rules of Evidence, the “Subsequent Remedial Measures” Rule, is troubling. This exclusionary rule of evidence prohibits using subsequent remedial measures to demonstrate negligence, culpable conduct, or product defect. But, other than in the title of the rule, the phrase “subsequent remedial measures” does not appear anywhere in the rule’s text and the rule itself does not expressly define what measures fall within its purview. This omission creates space for different judicial interpretations of the rule’s language and ultimately disparate judicial outcomes. Although the Federal Rules of Evidence lend themselves to fact-specific inquiries that can lead …
Working Without A Net: The Third Circuit Juggles Skepticism And Deference Inside The Ring Of Products Liability Experts After The Daubert Trilogy In Pineda V. Ford Motor Co. & (And) Calhoun V. Yamaha Corp., Jennifer E. Burke
Villanova Law Review
No abstract provided.
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Torts And Innovation, Gideon Parchomovsky, Alex Stein
Michigan Law Review
This Essay exposes and analyzes a hitherto overlooked cost of tort law: its adverse effect on innovation. Tort liability for negligence, defective products, and medical malpractice is determined by reference to custom. We demonstrate that courts' reliance on custom and conventional technologies as the benchmark of liability chills innovation and distorts its path. Specifically, recourse to custom taxes innovators and subsidizes replicators of conventional technologies. We explore the causes and consequences of this phenomenon and propose two possible ways to modify tort law in order to make it more welcoming to innovation.
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall
Villanova Law Review
No abstract provided.
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
University of Miami Law Review
No abstract provided.
Federal Rule Of Evidence 407: New Controversy Besets The Admissibility Of Subsequent Remedial Measures, Wendy Bugher Greenley
Federal Rule Of Evidence 407: New Controversy Besets The Admissibility Of Subsequent Remedial Measures, Wendy Bugher Greenley
Villanova Law Review
No abstract provided.