Law Commons^™

Sunshine Patriot Or Cold War Casualty?: An Examination Of Wrongful Exposure Suits Brought By Nuclear Complex Employees, Christopher S. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.

Does The Future Of Product Liability Actions Change After Hawkins V. Leslie's Pool Mart, Inc.?, Lisa N. Hayden

Journal of Natural Resources & Environmental Law

No abstract provided.

Pneumo Abex Corp. V. High Point, Thomasville & Denton Railroad, And Cercla "Arranger Liability", Jason C. Kuhlman

Journal of Natural Resources & Environmental Law

No abstract provided.

Injuries To Third Parties Arising From Oil & Gas Operations: An Analytical Framework For Examining Indemnity And Additional Insured Issues, Patrick S. Gerald, Holly B. Williams

Journal of Natural Resources & Environmental Law

No abstract provided.

Strict Liability And Sick Building Syndrome: Defining A Building As A Product Under Restatement (Second) Of Torts, Section 402a, David Reisman

Journal of Natural Resources & Environmental Law

No abstract provided.

Sara's Offspring: Some First Principles For Superfund Reform In The 1990s, Robert F. Blomquist

Journal of Natural Resources & Environmental Law

No abstract provided.

How To Save The National Priorities List From The D.C. Circuit--And Itself, John S. Applegate

Journal of Natural Resources & Environmental Law

No abstract provided.

After 3550 Stevens Creek Associates V. Barclays Bank: Will Response Costs For Asbestos Removal Be Permitted Under Cercla?, Jennifer G. Marwitz

Journal of Natural Resources & Environmental Law

No abstract provided.

The Challenge Of Latent Physical Effects Of Toxic Substances: The Next Step In The Evolution Of Toxic Torts, Kathleen A. O'Nan

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Nuisance Statute, John S. Palmore

Journal of Natural Resources & Environmental Law

No abstract provided.

Directional Drilling, Subsurface Trespass, And Conversion, John D. Mckinnis

Journal of Natural Resources & Environmental Law

No abstract provided.

The Measure Of Damages For Mineral Trespass--A Kentucky Perspective, Kelly Mark Easton

Journal of Natural Resources & Environmental Law

No abstract provided.

Hylin V. United States: Can The Mine Safety And Health Administration Do No Wrong?, Patrick G. Byrne

Journal of Natural Resources & Environmental Law

No abstract provided.

Island Creek V. Rodgers And Mine Subsidence Liability, S. Michele Manning

Journal of Natural Resources & Environmental Law

No abstract provided.

Corporate Misconduct In The Pharmaceutical Industry, Richard C. Ausness

Law Faculty Scholarly Articles

Sadly, many pharmaceutical companies have engaged in unethical or illegal behavior. The current opioid crisis is the most recent example of misconduct by pharmaceutical companies. Moreover, this pattern of conduct is neither rare, nor recent. Instead, it is long-standing and pervasive in nature. Furthermore, unlike wrongdoing by other businesses that cause primarily economic or environmental harm, wrongdoing by pharmaceutical companies, like that of asbestos or tobacco companies, may cause personal injuries and death on a large scale.

Causation And Apportionment Issues In Opioid Litigation, Richard C. Ausness

Law Faculty Scholarly Articles

In November 2019, an Oklahoma trial court judge, sitting without a jury, ruled that Johnson & Johnson and its subsidiary Janssen Pharmaceuticals were guilty of creating a public nuisance because their production and marketing of prescription opioid painkillers significantly contributed to the current opioid epidemic in the State of Oklahoma. The judge also held that Johnson & Johnson must contribute $65 million to pay for the State's program to abate this nuisance. Although the case has been appealed, it is significant because it was the first government sponsored opioid case to actually go to trial. Although there are many issues …

A Scholarly Life In Vistas: Marshall Shapo's Products Liability, Mary J. Davis

Law Faculty Scholarly Articles

To read and reread Professor Marshall Shapo’s products liability scholarship is to learn the important lesson of how to build a body of work that continually sees the same landscape from fresh vistas. Like watching the same landscape from different angles, during different seasons, and over several years, Professor Shapo’s vistas provide us with a remarkably vivid view of the products liability landscape over the past fifty years and beyond. In doing so, he has constructed a vision of the richness and promise of products liability law while continually reminding us to be aware of the vista from which we …

Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis

Law Faculty Scholarly Articles

Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part III explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …

Res Ipsa Loquitur: Reducing Confusion Of Creating Bias?, Jeffrey H. Kahn, John E. Lopatka

Kentucky Law Journal

No abstract provided.

Sailing Under False Colors: The Continuing Presence Of Negligence Principles In "Strict" Products Liability Law, Richard C. Ausness

Law Faculty Scholarly Articles

Dean Prosser, in his celebrated article, The Assault Upon the Citadel, compared the assault on warranty law's privity requirement to an attack on a stoutly defended fortress during the Middle Ages. Since that time, another conflict has arisen among students of products liability, namely whether product sellers should be subject to strict liability or whether certain aspects of this field should instead be controlled by negligence principles. However, unlike the assault some sixty years ago on the privity requirement, this present conflict bears a greater resemblance to the protracted trench warfare of World War I than it does to the …

Conflicts Between Kentucky's New Tort Reform And The Jural Rights Doctrine, Christopher N. Jacovitch

Kentucky Law Journal

No abstract provided.

Gun Control Through Tort Law, Richard C. Ausness

Law Faculty Scholarly Articles

I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.

In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort …

I'Ve Got A Beef With You: The Increased Liability Of Animal Producers In Kentucky After The Repudiation Of The Impact Rule, Zachary F. Mattioni

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

“Danger Is My Business”: The Right To Manufacture Unsafe Products, Richard C. Ausness

Law Faculty Scholarly Articles

While no one would dispute that safety is a desirable objective, it may not always be an absolute priority. Rather, in some cases, other societal interests such as personal autonomy, consumer choice, product cost, and performance may trump legitimate safety goals. This is reflected in some of the doctrines and defenses that have evolved to protect the producers of unsafe products against tort liability. Some of these doctrines, such as those determining liability for the producers of optional safety equipment, inherently dangerous products, products with obvious hazards, and prescription drugs and medical devices, are part of the law of products …

The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness

Law Faculty Scholarly Articles

Prescription drug abuse problems have prompted a number of responses by both drug users (and abusers) and by various federal and state government agencies.

Part I of this Article examines the impressive array of liability theories that individual litigants have relied upon in their lawsuits against Purdue. These theories include: negligence; strict products liability, including design defect and inadequate warning claims; breach of the implied warranty of merchantability; violation of state consumer protection statutes; negligent marketing; fraudulent misrepresentation; civil conspiracy; and "malicious conduct." Purdue, the company that developed OxyContin, has pursued an aggressive "no settlement" policy and has chosen to …

"The Disorderly Conduct Of Words": Civil Liability For Injuries Caused By The Dissemination Of False Or Inaccurate Information, Richard C. Ausness

Law Faculty Scholarly Articles

This Article is concerned with the potential liability of those who disseminate false or inaccurate information that causes physical injury or property damage to those who rely upon it. However, this Article will not address the question of whether those who advocate or depict violence or other antisocial activities should also be subject to liability. For the most part, such publications are considered to be a form of constitutionally protected speech, even when they directly cause physical harm to others. Although the issue of liability for the publication of factually inaccurate information is narrower in scope than liability for the …

Survey Of Damages Measures Recognized In Negligence Cases Involving Animals, Alison M. Rowe

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Justice Holmes's Bad Man And The Depleted Purposes Of Punitive Damages, Jill Wieber Lens

Kentucky Law Journal

No abstract provided.

"What The Frack?" Why Hydraulic Fracturing Is Abnormally Dangerous And Whether Courts Should Allow Strict Liability Causes Of Action, Neal J. Manor

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

"Fasten Your Seat Belt, Orville!": Exploring The Relationship Between State-Of-The-Art, Technological And Commercial Feasibility, And The Restatement'S Reasonable Alternative Design Requirement, Richard C. Ausness

Law Faculty Scholarly Articles

This Article begins by examining some of the case law involving the state-of-the-art concept and finds that it is principally concerned with technological feasibility. It also concludes that most cases do not treat state-of-the-art as conclusive on the design defect issue; rather, they merely consider it one of several factors that the fact finder may take into account when deciding whether a product's design is defective or not. Part II is concerned with technological development. This part examines two basic patterns of technological development and provides a number of historical examples for each. The first is a linear pattern, exemplified …