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Articles 1 - 22 of 22
Full-Text Articles in Law
Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano
Through The Smoke: Do Current Civil Liability Laws Address The Unique Issues Presented By The Recreational Marijuana Industry?, Thomas Stufano
Touro Law Review
No abstract provided.
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Peter Zablotsky
No abstract provided.
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Peter Zablotsky
No abstract provided.
Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness
Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness
Law Faculty Scholarly Articles
Strict liability has always been the heart and soul of American products liability law. As early as 1963, Justice Roger Traynor in Greenman v. Yuba Power Products, Inc. stated that "[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it will be used without inspection for defects, proves to have a defect that causes injury to a human being." Shortly thereafter, the drafters of section 402A of the Restatement (Second) of Torts made it clear that the exercise of due care would not shield sellers from liability when their products caused injury. …
Are Artificial Tans The New Cigarette? How Plaintiffs Can Use The Lessons Of Tobacco Litigation In Bringing Claims Against The Indoor Tanning Industry, Andrea Y. Loh
Michigan Law Review
Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against …
Tell Me What You Eat, And I Will Tell Whom To Sue: Big Trouble Ahead For “Big Food"?, Richard C. Ausness
Tell Me What You Eat, And I Will Tell Whom To Sue: Big Trouble Ahead For “Big Food"?, Richard C. Ausness
Law Faculty Scholarly Articles
Overweight consumers are seeking damages from purveyors of fast food for obesity-related health problems. Plaintiffs claim that products that are high in fat, sugar, salt and cholesterol are defective. Other potential liability theories include product category liability, failure to warn, failure to disclose nutritional information, deceptive advertising, and negligent marketing. However, in order to prevail at trial, plaintiffs must overcome problems with causation, duty and proximate cause, shifting responsibility, federal preemption, comparative fault, and assumption of risk. If such litigation is successful, it may induce fast-food companies to produce healthier products. Nevertheless, this Article concludes that the problem of obesity, …
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
The Application Of Product Liability Principles To Publishers Of Violent Or Sexually Explicit Material, Richard C. Ausness
Law Faculty Scholarly Articles
There have been a number of tragic incidents during the past few years in which mentally unstable teenagers have carried guns into school and shot teachers and fellow students. These schoolyard killings have generated an intense debate about the problem of violence in our society. Some social commentators have attributed teenage violence to the widespread availability of firearms, while others blame parental neglect, lack of discipline in the schools, or the declining influence of religion and morality in contemporary culture. However, another source of concern is the popular media, which stands accused of purveying sex and violence on a massive …
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Seattle University Law Review
This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum …
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Scholarly Works
No abstract provided.
Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme
Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme
Publications
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Touro Law Review
No abstract provided.
Panel Discussion Of Section 402a
Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris
Touro Law Review
No abstract provided.
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
The Appropriate Role Of Plaintiff Misuse In Products Liability Causes Of Action, Peter Zablotsky
Scholarly Works
No abstract provided.
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Products Liability Law In Minnesota: Design Defect And Failure To Warn Claims, Michael K. Steenson
Products Liability Law In Minnesota: Design Defect And Failure To Warn Claims, Michael K. Steenson
Faculty Scholarship
The Minnesota law of products liability underwent significant changes in the 1980s. The courts filled in gaps left open since the Minnesota Supreme Court initially adopted strict liability in McCormack v. Hankscraft Co.' in 1967, but they also raised new issues and left other issues open. This Article analyzes these developments in Minnesota products liability law. The broad focus is on standards in design and warning cases. In the course of the analysis, the Article focuses on the issues that had been left unsettled in Minnesota law in those areas. The Article first addresses the elements of a strict liability …
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Fordham Urban Law Journal
In products liability law, a post-sale warning exists when the manufacturer learns after a product is distributed that it failed to warn of a danger that was knowable at the time of sale. However, a manufacturer has no point-of-sale duty to warn of dangers from unforeseeable misuses or alterations of its products. When a product develops a post-sale problem because of an improvement in the state of the art (e.g. because of the development of a more effective safety device), there is no requirement that a manufacturer seek out past customers and notify them of changes in the state of …
Coping With The Time Dimension In Products Liability, James A. Henderson Jr.
Coping With The Time Dimension In Products Liability, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Design Defect Litigation Revisited, James A. Henderson Jr.
Design Defect Litigation Revisited, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Product Liability And The Pill, Joyce Barrett
Product Liability And The Pill, Joyce Barrett
Cleveland State Law Review
The Pill has been on the market now for ten years and has been inwide use for five. Only within the last year, however, have widespread reports of the adverse effects associated with the Pill been publicized. While the Pill manufacturers may be aiding society by providing a convenient and effective method of checking the overpopulation problem, they are also handsomely profiting from Pill sales. Thus, the burden of compensating those injured by oral contraceptives should properly fall on the manufacturers and be treated as a cost of production. This, in turn, should prompt the manufacturers to initiate more ambitious …
Optometrists' Tort Liability, Gerald F. Sweeney
Optometrists' Tort Liability, Gerald F. Sweeney
Cleveland State Law Review
The question "Do you need glasses?" should be answered in the affirmative by many people, nowadays. Most of us, at some time, find it necessary to visit one of the many establishments for the correction of defective vision. When the time does arrive, we are confident that our chosen "professional" will fill our needs adequately, yet, mistakes and oversights occur. What happens when a serious injury occurs as a result of this possibility? This article attempts to answer that question briefly.