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Articles 1 - 7 of 7
Full-Text Articles in Law
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
Federal Rule Of Evidence 407 As Applied To Products Liability: A Rule In Need Of Remedial Measures, Michele B. Colodney
University of Miami 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.
Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore
Product Liability, Research And Development, And Innovation, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
Product liability ideally should promote efficient levels of product safety, but misdirected liability efforts may depress beneficial innovations. This paper examines these competing effects of liability costs on product R & D intensity and new product introductions by manufacturing firms. At low to moderate levels of expected liability costs, there is a positive effect of liability costs on product innovation. At very high levels of liability costs, the effect is negative. At the sample mean, liability costs increase R & D intensity by 15 percent. The greater linkage of these effects to product R & D rather than process R …
Strict Products Liability, Design Defects And Corporate Decision-Making: Greater Deterrence Through Stricter Process, Gerald F. Tietz
Strict Products Liability, Design Defects And Corporate Decision-Making: Greater Deterrence Through Stricter Process, Gerald F. Tietz
Villanova Law Review
No abstract provided.
Medical Device Technology: Does Federal Regulation Of This New Frontier Preempt The Consumer's State Common Law Claims Arising From Injuries Related To Defective Medical Devices?, Susan M. Mesner
Journal of Law and Health
The purpose of this paper is to explore the relationship between federal medical device regulation and state common law tort actions. Specifically, the issue to be addressed is whether the Medical Devices Act and regulations promulgated thereunder preempt state law damage actions brought by injured consumers against device manufacturers. An analysis of the preemptive provision of the Medical Devices Act and case law construing this provision is set forth below. The United States Supreme Court's recent preemption analysis in Cipollone v. Liggett Group, Inc. will be used as a guide in establishing a useful method for determining whether state tort …
Potential Toxic Tort Litigation: Will Used Oil Be The Asbestos Of The 21st Century , Ronald P. Tomallo Jr.
Potential Toxic Tort Litigation: Will Used Oil Be The Asbestos Of The 21st Century , Ronald P. Tomallo Jr.
Journal of Law and Health
This paper explores why there has been so little litigation in this area considering both the harm posed by used oils and the high rate of exposure in many occupations. To aid in an analysis, three distinct topics will be addressed. First, basic information establishing the harm caused by prolonged exposure to used lubricating oils will be presented which will aid in understanding the potential liability. Second, existing case law shall be analyzed. Finally, the development of future litigation will be explored. Plaintiffs in these suits will typically be persons exposed to used oil by common machine lubrication applications - …
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Law Faculty Scholarly Articles
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …