Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars , Gary T. Schwartz
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars , Gary T. Schwartz
Pepperdine Law Review
No abstract provided.
The Remoteness Doctrine: A Rationale For A Rational Limit On Tort Liability, Victor E. Schwartz
The Remoteness Doctrine: A Rationale For A Rational Limit On Tort Liability, Victor E. Schwartz
Pepperdine Law Review
No abstract provided.
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?, Robert F. Cochran Jr.
From Cigarettes To Alcohol: The Next Step In Hedonic Product Liability?, Robert F. Cochran Jr.
Pepperdine Law Review
While generally courts seem to have stopped and in many cases reversed the expansion of product liability, cigarette litigation is one of the few areas where there are signs of expanding tort liability. Cochran looks at the similarities between cigarettes and alcohol in considering whether alcohol manufacturers may be the next target of product liability lawsuits. The similarities between cigarettes and alcohol are numerous. Both are hedonic products, or products whose primary purpose is to provide pleasure. They are also both dangerous to users and bystanders, and society as a whole. Currently, many of the costs created by hedonic products …
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
State Medical Reimbursement Lawsuits After Tobacco: Is The Domino Effect For Lead Paint Manufacturers And Others Fair Game? , Richard L. Cupp Jr.
Pepperdine Law Review
In 1998 the tobacco industry reached a settlement with the government for $246 billion. The massive size and scope of the states' tobacco settlement will inevitably exert a powerful influence on tort litigation for decades. The proliferation of copycat lawsuits, such as lead paint claims, seeking to emulate the spectacular success of the tobacco lawsuits will be one of the first aftershocks. The appropriate legislative response to this copycat litigation is to enact legislation limiting mass tort claims by states and other government entities. Because politics and economics may be influencing the filing of these lawsuits, rather than a purer …
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?, Amber E. Dean
Pepperdine Law Review
No abstract provided.
International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr.
International Tobacco Litigation's Evolution As A United States Torts Law Export: To Canada And Beyond?, Richard L. Cupp Jr.
Pepperdine Law Review
In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use …