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Articles 1 - 19 of 19
Full-Text Articles in Law
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Mental Disabilities And Duty In Negligence Law: Will Neuroscience Reform Tort Doctrine?, Jean Eggen
Jean M. Eggen
Recent developments in neuroscience may contribute to some long-needed changes in negligence law. One negligence rule in need of reform is the duty rule allowing physical disabilities to be considered in determining whether a party acted negligently, but disallowing mental disabilities for adult tortfeasors. Further, this bifurcated rule applies imposes an objective standard only on adults alleged to have acted negligently. A subjective standard applies to all parties in intentional torts and to children in negligence actions. Courts justify the bifurcated rule for adults on policy grounds, but these policy underpinnings are no longer valid in contemporary society. More accurate …
Medical Malpractice Screening Panels: An Update And Assessment, Jean Eggen
Medical Malpractice Screening Panels: An Update And Assessment, Jean Eggen
Jean M. Eggen
No abstract provided.
Navigating Between Scylla And Charybdis: Preemption Of Medical Device “Parallel Claims”, Jean Eggen
Navigating Between Scylla And Charybdis: Preemption Of Medical Device “Parallel Claims”, Jean Eggen
Jean M. Eggen
The scope of federal preemption of state common law medical device claims has been vigorously debated since the Medical Device Amendments were enacted in 1976. Currently, a hot-button topic is the extent to which either express or implied preemption may bar state device claims that parallel duties imposed by the federal government’s Food, Drug, and Cosmetic Act. The author analyzes a selection of recent lower court cases in light of Congressional intent and Supreme Court precedent. This article provides some guiding principles to achieve greater consistency and predictability in parallel claim preemption decisions. The author then concludes that preemption doctrine …
Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury
Toward A Neuroscience Model Of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine, Jean Eggen, Eric Laury
Jean M. Eggen
The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to be the catalyst for significant changes in the law. Over the past several decades, research in functional neuroimaging has sought to explain a vast array of human thought processes and behaviors, and the law has taken notice. Although functional neuroimaging is not yet close to being a staple in the courtroom, the information acquired from these studies has been featured in a handful of cases, including a few before the United States Supreme Court. Our assertion involves the incorporation of functional neuroscience evidence in tort …
Nanotechnology And The Environment: What's Next?, Jean Eggen
Nanotechnology And The Environment: What's Next?, Jean Eggen
Jean M. Eggen
No abstract provided.
The Mature Product Preemption Doctrine: The Unitary Standard And The Paradox Of Consumer Protection, Jean M. Eggen
The Mature Product Preemption Doctrine: The Unitary Standard And The Paradox Of Consumer Protection, Jean M. Eggen
Jean M. Eggen
The history of the U.S. Supreme Court's product preemption doctrine has been characterized by inconsistency and confusion. Product regulation and common-law product liability actions are primarily concerned with assuring the health and safety of the consuming public, and it is not surprising that the Court's product preemption decisions have focused substantially on medical devices and drugs. Recent government studies have shown, however, that the FDA is hampered in reaching its safety goals by insufficient resources and increasing demands. This article reassesses the Court's product preemption doctrine in the light of a triad of new decisions issued in 2008 and 2009. …
The Synergy Of Toxic Tort Law And Public Health: Lessons From A Century Of Cigarettes, Jean M. Eggen
The Synergy Of Toxic Tort Law And Public Health: Lessons From A Century Of Cigarettes, Jean M. Eggen
Jean M. Eggen
Toxic torts is a relatively new area of the law, but its seeds were sown a century ago with developments in modern culture. The design, manufacture, and marketing of the cigarette constituted one such development, one with far-reaching legal consequences which continue to challenge the legal system today. This article is built around Allan M. Brandt's 2007 public health history of cigarettes, THE CIGARETTE CENTURY. It uses Brandt's book as a stepping stone to a broader discussion of current critical issues in toxic tort law. The article begins with a review of the book, then moves into a discussion of …
Toxic Torts At Ground Zero, Jean M. Eggen
Toxic Torts At Ground Zero, Jean M. Eggen
Jean M. Eggen
Of all the injuries from the terrorist attacks of September 11, 2001, legal analysts have accorded the least attention to the health effects of exposure to toxic substances by workers, residents, and other community members in the vicinity of Ground Zero. Although the health issue was raised with the Environmental Protection Agency (EPA) in the immediate post-September 11 period, EPA showed surprisingly little concern for the potential health threats. In the years that followed, health studies have confirmed, however, that the fears of widespread contamination of the environment in and around Ground Zero were in fact warranted. In the aftermath …
The Normalization Of Product Preemption Doctrine, Jean M. Eggen
The Normalization Of Product Preemption Doctrine, Jean M. Eggen
Jean M. Eggen
When the United States Supreme Court decided Geier v. American Honda Motor Company in 2000, much speculation ensued as to whether the Court was establishing a new set of preemption rules for product liability cases, in which implied preemption could be used to bar most of plaintiffs' claims, even where the relevant federal statute's express preemption provision did not do so. Most commentators declared the doctrine of preemption in a hopeless state of disarray following Geier. This article argues that the 2005 Supreme Court decision in Bates v. Dow Agrosciences LLC demonstrated a consistency with the earlier Court decisions in …
Shedding Light On The Preemption Doctrine In Product Liability Actions: Defining The Scope Of Buckman And Sprietsma, Jean M. Eggen
Shedding Light On The Preemption Doctrine In Product Liability Actions: Defining The Scope Of Buckman And Sprietsma, Jean M. Eggen
Jean M. Eggen
No abstract provided.
Toxic Torts And Causation: The Challenge Of Daubert After The First Decade, Jean M. Eggen
Toxic Torts And Causation: The Challenge Of Daubert After The First Decade, Jean M. Eggen
Jean M. Eggen
No abstract provided.
Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen
Gun Torts: Defining A Cause Of Action For Victims In Suits Against Gun Manufacturers, John G. Culhane, Jean M. Eggen
Jean M. Eggen
Although tens of thousands of Americans die from gun violence every year, the regulation of firearms remains inadequate. Those who are injured, or the survivors of those killed by guns, therefore have sought relief through tort law against those who manufacture these uniquely deadly products. With rare exceptions, however, these suits have been unsuccessful. Most courts have found that the conduct of gun manufacturers is not actionable under strict product liability doctrine, negligence, or the law of abnormally dangerous activities. This Article argues that courts have been too reluctant to apply tort liability to gun manufacturers. It is possible and …
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen
Jean M. Eggen
During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …
Clinical Medical Evidence Of Causation In Toxic Tort Cases: Into The Crucible Of Daubert, Jean M. Eggen
Clinical Medical Evidence Of Causation In Toxic Tort Cases: Into The Crucible Of Daubert, Jean M. Eggen
Jean M. Eggen
No abstract provided.
Understanding State Contribution Laws And Their Effect On The Settlement Of Mass Tort Actions, Jean M. Eggen
Understanding State Contribution Laws And Their Effect On The Settlement Of Mass Tort Actions, Jean M. Eggen
Jean M. Eggen
A common feature of mass tort litigation involves the situation in which some defendants settle with the plaintiff prior to trial, with the plaintiff proceeding to trial and winning a favorable judgment against the nonsettling defendants. In such situations, most states apply a credit, or set-off, of a certain amount against the plaintiff's recovery to account for the prior settlement. Different set-off rules can yield dramatically different results, in terms of both the plaintiff's recovery and the defendants' liabilities, including the right to seek contribution. The approaches that the states take to these matters are fragmented and inconsistent. This article …
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Jean M. Eggen
No abstract provided.
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean M. Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean M. Eggen
Jean M. Eggen
This article discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxic substances in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation laws and the common law of torts. This article reviews the problems inherent in both the workers' compensation and torts systems in handling occupational diseases claims. It proposes some specific reforms to improve the availability of these relief mechanisms for toxic …
"The Orwellian Nightmare" Reconsidered: A Proposed Regulatory Framework For The Advanced Reproductive Technologies, Jean M. Eggen
"The Orwellian Nightmare" Reconsidered: A Proposed Regulatory Framework For The Advanced Reproductive Technologies, Jean M. Eggen
Jean M. Eggen
No abstract provided.
Medical Malpractice Screening Panels: Proposed Model Legislation To Cure Judicial Ills, Jean M. Eggen
Medical Malpractice Screening Panels: Proposed Model Legislation To Cure Judicial Ills, Jean M. Eggen
Jean M. Eggen
No abstract provided.