Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alfred L. Snapp & Son (1)
- Causation and products liability (1)
- Consumer expectations test (1)
- Crashworthiness (1)
- Defective prescription drugs (1)
-
- Duty to warn (1)
- Enterprise liability (1)
- Fault-based liability (1)
- Inc. v. Puerto Rico (1)
- Liggett settlement (1)
- Manufacturers' liability (1)
- Open and obvious danger rule (1)
- Parens patriae actions (1)
- Parens patriae doctrine (1)
- Product design litigation (1)
- Products Liability Restatement (1)
- Products liability causation rules (1)
- Proximate causation (1)
- RAD (1)
- Reasonable alternative design (1)
- Restatement (Third) of Torts (1)
- Restatement (Third) of Torts Products Liability (1)
- Risk-utility test (1)
- Settlement agreement between the tobacco industry and the states (1)
- Strict enterprise liability (1)
- Tobacco litigation (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski
Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Products liability law has witnessed a long debate over whether manufacturers should be held strictly liable for the injuries that products cause. Recently, some have argued that psychological research on human judgment supports adopting a regime of strict enterprise liability for injuries caused by product design. These new proponents of enterprise liability argue that the current system, in which manufacturer liability for product design turns on the manufacturer's negligence, allows manufacturers to induce consumers into undertaking inefficiently dangerous levels or types of consumption. In this paper we argue that the new proponents of enterprise liability have: (1) not provided any …
State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg
State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg
Cornell Law Faculty Publications
On November 23, 1998, a master settlement agreement settled the lawsuits of forty-six states against the tobacco industry. The settlement brings about historic public health initiatives, such as the end to outdoor advertising, the ban on using cartoon characters in advertisements, and the creation of public education trusts. It also provides that the settling tobacco manufacturers will pay over $200 billion over the next twenty-five years. Some of the legal theories upon which states relied have implications beyond the tobacco litigation. Of particular importance is the application of the theory of parens patriae in the tobacco litigation. That theory may …
Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, James A. Henderson Jr., Aaron Twerski
Intuition And Technology In Product Design Litigation: An Essay On Proximate Causation, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
The Products Liability Restatement In The Courts: An Initial Assessment, James A. Henderson Jr., Aaron Twerski
The Products Liability Restatement In The Courts: An Initial Assessment, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.