Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania,
Robert F. Harchut
Villanova University Charles Widger School of Law
Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut
Villanova Law Review
No abstract provided.
Unavoidably Unsafe Products: Clarifying The Meaning And Policy
Behind Comment K,
Victor E. Schwartz
Washington and Lee University School of Law
Unavoidably Unsafe Products: Clarifying The Meaning And Policy
Behind Comment K, Victor E. Schwartz
Washington and Lee Law Review
No abstract provided.
Donoghue V. Stevenson's 60th Anniversary,
Franco Ferrari
Golden Gate University School of Law
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Annual Survey of International & Comparative Law
No abstract provided.
Special Defenses In Products Liability Law,
David G. Owen
University of South Carolina - Columbia
Special Defenses In Products Liability Law, David G. Owen
Faculty Publications
No abstract provided.
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims,
Cami Perkins
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins
Nevada Law Journal
No abstract provided.
Defective Products And Product Warranty Claims In Minnesota,
J. David Prince
Mitchell Hamline School of Law
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
William Mitchell Law Review
Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …
Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C.,
Paula D. Shaffner
Villanova University Charles Widger School of Law
Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner
Villanova Law Review
No abstract provided.
The Case For A "Strong" Regulatory Compliance Defense,
Richard C. Ausness
University of Kentucky College of Law
The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness
Law Faculty Scholarly Articles
Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care,
John C. Peck, Wyatt A. Hoch
Villanova University Charles Widger School of Law
Liability Of Engineers For Structural Design Errors: State Of The Art Considerations In Defining The Standard Of Care, John C. Peck, Wyatt A. Hoch
Villanova Law Review
No abstract provided.
A Theory Of Discipline For Professional Misconduct,
Nadia N. Sawicki
University of Pennsylvania Carey Law School
A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki
All Faculty Scholarship
State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …