Law Commons^™

The Uniform Product Liability Act--A Brief Overview, Victor E. Schwartz

Vanderbilt Law Review

There are many important aspects of the Uniform Act that have not been discussed herein including provisions on assumption of risk, punitive damages," and contribution among joint tort feasors. Nevertheless, the examples that have been given show that it is a law that attempts to balance the interests of product users and sellers. It is the Department's hope that state legislatures will give it serious consideration and that it will help bring about uniformity in the key areas of product liability law. As long as courts can retroactively create new and unprecedented product liability law, the specter of future product …

American Trends In Private International Law: Academic And Judicial Manipulation Of Choice Of Law Rules In Tort Cases, Willis L.M. Reese

Vanderbilt Law Review

The Restatement attempts to provide as much guidance as it is believed the current state of the authorities will permit. Hard-and-fast rules of choice of law are stated in the few situations in which this was deemed possible . Elsewhere formulations of varying degrees of specificity are employed." Nevertheless, it cannot be denied that the principal weakness of the Restatement is the relatively little guidance that it affords. Properly viewed, it is a transitional document. It was written during a time of change and chaos when there was little indication of the direction that would betaken by future developments in …

The Plaintiff's View Of Comparative Negligence, E. Joseph Buffa Jr.

West Virginia Law Review

No abstract provided.

Negotiation And Settlement: An Insurer's View Of Comparative Negligence, John L. Hunt

West Virginia Law Review

No abstract provided.

Unmasking The Test For Design Defect: From Negligence [To Warranty] To Strict Liability To Negligence, Sheila L. Birnbaum

Vanderbilt Law Review

This Article will consider the problems engendered by imprecise judicial analysis of the notion of design defect. The central issues informing this investigation are as follows: (1) Can the notion of manufacturer fault or negligence be rationally eliminated in a design defect case? and (2) Should the term "unreasonably dangerous" be retained in the definition of defect in a design case, and if so, how should it be defined?

Reconsidering Plaintiff's Fault In Product Liability Litigation: The Proposed Conscious Design Choice Exception, Vincent S. Walkowiak

Vanderbilt Law Review

The Uniform Comparative Fault Act, drafted by the National Conference of Commissioners on Uniform State Laws, was approved by the Commissioners in 1977. Dean John W. Wade was Chairman of the special committee that drafted the Act. The Act is a comparative-fault, rather than a comparative-negligence, act; it applies to all nonintentional torts, including products liability actions, whether they are based on negligence, breach of warranty,or strict tort liability. The Act seeks to address the problem of the relationship between the doctrines of comparative negligence and strict liability for products by permitting plaintiff's fault to effect a proportional reduction in …

Products Liability And Safety, Cases And Materials / Law, Intellect, And Education, Richard E. Speidel, Gene R. Shreve

Vanderbilt Law Review

Reviewed by Richard E. Speidel

In this brief review, I have attempted to determine whether this casebook makes the case for installing products liability and safety as an integral part of the law school curriculum. Admittedly, defective products pose an important social and legal problem with which lawyers are deeply involved. The question is, however, whether the casebook is, within the broader framework of contemporary legal education, both professionally relevant and educationally sound to a sufficient degree.

Reviewed by Gene R. Shreve.

This small book by a former dean of the University of Michigan Law School is the most confident …

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Alas And Alack, Modified Comparative Negligence Comes To West Virginia, Thomas C. Cady

West Virginia Law Review

No abstract provided.

The Duty To Rescue In Tort Law: Implications Of Research On Altruism, Viloa C. Brady

Indiana Law Journal

No abstract provided.

Personal Injuries And The Texas Survival Statute: The Case For Recovery Of Damages For A Decedent's Lost Future Earnings., Karl L. Rubinstein

St. Mary's Law Journal

Abstract Forthcoming.

Stubborn And Rebellious Children: Liability Of Public Officials For Detention Of Children In Jails, Mark Soler, Michael J. Dale, Kathleen Flake

BYU Law Review

No abstract provided.

Liability In Mass Immunization Programs, Nina S. Appel

BYU Law Review

No abstract provided.

The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review

Michigan Law Review

A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell

Interspousal Immunity In Pennsylvania, John L. Gedid

Duquesne Law Review

No abstract provided.

The State Of The Art Defense In Products Liability: Unreasonably Dangerous To The Injured Consumer, Mark Desimone

Duquesne Law Review

No abstract provided.

The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby

University of Richmond Law Review

The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …

Tort Law - Duty To Warn - Psychiatrist's Duty To Warn Third Parties Of Dangerous Patients, Susan Ferraro Smith

Duquesne Law Review

The Superior Court of New Jersey has held that a psychiatrist, upon a determination that his patient may be potentially dangerous, has a duty to warn a third party who may be harmed by the patient.

McIntosh v. Milano, 168 N.J. Super. 466, 403 A.2d 500 (1979).

Tort Law - Reckless Misconduct In Sports, David S. Horvitz

Duquesne Law Review

The United States Court of Appeals for the Tenth Circuit has allowed a professional athlete to recover for an injury caused during a game by the reckless misconduct of an opponent in violation of game rules and customs.

Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (10th Cir.), cert. denied, 444 U.S. 931 (1979).

Insurers' Liability For Excess Judgments In In Virginia: Negligence Or Bad Faith?, Barbara A. Dalvano

University of Richmond Law Review

Liability insurers have become increasingly concerned over the possibility that they may be responsible for satisfying excess judgments. This concern is justified. In Crisci v. Security Insurance Co., the California Supreme Court generated new developments in insurance law by predicating an insurer's liability for failing to settle claims against its insured upon a finding of mere negligence. Traditionally, an insurer was held liable for an excess judgment only if the insured was able to bear the burden of showing that the company acted in "bad faith" in failing to settle a claim. Virginia adopts this traditional view.

Virginia Should Adopt Strict Tort Recovery In Products Liability, John P. Rowley Iii, Sally Y. Wood

University of Richmond Law Review

Since World War H, revolutionary changes have overtaken the American law of products liability. Such changes have been in response to the increase in consumer injuries resulting from defects in sophisticated products mass-produced by sophisticated manufacturing processes. This has occurred during a time of increased litigiousness and general awareness of the need for consumer protection. Accordingly, products liability suits have multiplied, and the legal theories used to determine the outcome of such suits have similarly been in an era of dramatic transition. Such legal changes have significantly affected both tort and warranty law across the country. Until 1960 products liability …

Recent Decisions, James M. Redwine

Vanderbilt Journal of Transnational Law

The instant decision should serve to stimulate discussion on both the theoretical justifications for and the practical implications of jury trials in actions against governmental defendants, and therefore, may lead to revision of the FSIA. From a theoretical perspective, although the instant court correctly noted the changes effected by the Act, it failed to perceive the full extent of Congress' power in the domestic context. Congress, by its ability to classify entities as "agencies" or "instrumentalities" of the United States, thereby exempting specific entities from the non-jury trial provisions of FTCA, has the power, in effect, to restrict the scope …

Attorney Malpractice In Illinois: An Early Chapter In A Book Destined For Great Length, 13 J. Marshall L. Rev. 309 (1980), Carl E. Kasten

UIC Law Review

No abstract provided.

Wrongful Life: Birth Control Spawns A Tort, 13 J. Marshall L. Rev.401 (1980), Margaret J. Mullen

UIC Law Review

No abstract provided.

Liablity Of Architects And Engineers For Construction Site Accidents In Maryland - Krieger V. J.E. Greiner Co.: Background And Unanswered Questions, Howard G. Goldberg

Maryland Law Review

No abstract provided.

Comparative Contribution: The Legislative Enactment Of The Skinner Doctrine, 14 J. Marshall L. Rev. 141 (1980), Randall F. Clark

UIC Law Review

No abstract provided.

Seller's Liability For Defective Design- The Measure Of Responsibility

Washington and Lee Law Review

No abstract provided.

Personal Injury Damages In International Aviation Litigation: The Plaintiff's Perspective, 13 J. Marshall L. Rev. 541 (1980), Susan E. Loggans

UIC Law Review

No abstract provided.

Derivative Immunity Under Section 1983: Conspiracies Between Immune Judicial Officials And Private Persons, 14 J. Marshall L. Rev. 89 (1980), Jacquelyn F. Kidder

UIC Law Review

No abstract provided.

Implied Causes Of Action: A New Analytical Framework, 14 J. Marshall L. Rev. 141 (1980), Robert L. Carter, James E. Cumberworth Jr.

UIC Law Review

No abstract provided.