Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Litigation (3)
- Class Action (2)
- And Liability Act of 1980 (1)
- CERCLA (1)
- Compensation (1)
-
- Comprehensive Environmental Response (1)
- Consumer expectations test (1)
- Corporations (1)
- Council Directive No. 85/374 (1)
- EPA (1)
- European Union (1)
- Governmen (1)
- Hazardous substances (1)
- Liability (1)
- Product defects (1)
- Risk-utility test (1)
- Securities Regulation (1)
- Strict products liability (1)
- Superfund (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Governmental Liability Under Cercla, Steven A.G. Davison
Governmental Liability Under Cercla, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.