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Full-Text Articles in Law
Tort Liability For The Sale Of Non-Defective Products: An Analysis And Critique Of The Concept Of Negligent Marketing, Richard C. Ausness
Tort Liability For The Sale Of Non-Defective Products: An Analysis And Critique Of The Concept Of Negligent Marketing, Richard C. Ausness
Law Faculty Scholarly Articles
This Article will evaluate the concept of negligent marketing to see whether it ought to become a part of our legal jurisprudence or whether it should be discarded as doctrinally unsound, possibly harmful to important social and economic interests.
Part II of this Article provides an overview of the negligent marketing theory. Negligent marketing can be divided into three categories: (1) product designs that make the product more attractive to criminals; (2) advertising and promotional activities that target inappropriate users; and (3) product distribution practices that facilitate retail sales of dangerous products to vulnerable or unsuitable users. The first category …
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Nevada Law Journal
No abstract provided.
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Nevada Law Journal
No abstract provided.
Intential Infliction Of Mental Distress In Nevada, Carl Tobias
Intential Infliction Of Mental Distress In Nevada, Carl Tobias
Nevada Law Journal
No abstract provided.
Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.
Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.
Oklahoma Law Review
No abstract provided.
Will More Aggressive Marketing Practices Lead To Greater Tort Liability For Prescription Drug Manufacturers?, Richard C. Ausness
Will More Aggressive Marketing Practices Lead To Greater Tort Liability For Prescription Drug Manufacturers?, Richard C. Ausness
Law Faculty Scholarly Articles
Manufacturers of prescription drugs have begun to market their products more aggressively than they did in the past. These marketing efforts are not confined to health care professionals alone; pharmaceutical companies now engage in extensive direct-to-consumer advertising on radio and television, in the print media, and even on the Internet. While these promotional efforts no doubt increase sales, they may also lead to greater tort liability for drug-related injuries. The most likely theories of liability are failure to warn and negligent marketing. Liability for inadequate warnings will almost certainly increase if courts abandon the learned intermediary rule and require drug …