Law Commons^™

A Global Puzzle: Integrating Iot Jurisprudential Approaches, Colin Savino

Pace International Law Review

While devices in the Internet of Things (hereinafter “IoT”) such as smart appliances, smart watches, and pacemakers are intended to make life easier and safer, they sometimes complicate users’ lives with system failures and expose them to new risks instead. Users suffer the risks stemming from hastily developed cybersecurity in IoT devices, sometimes with serious consequences and without recourse against manufacturers or cybercriminals. Cybercriminals’ ability to exploit gaps in cybersecurity from anywhere makes the IoT especially risk-prone to transnational crime and may make tort claims against multinational manufacturers tenuous on issues of causation and actual harm suffered. Most problematically, the …

The Misuse Of Product Misuse: Victim Blaming At Its Worst, Robert A. Adler, Andrew F. Popper

William & Mary Business Law Review

This Paper addresses the legal consequences that surface when a consumer uses a product in a manner not specifically intended by that product’s designer or manufacturer. If a product is used in a reasonably foreseeable manner, the fact that the use is at odds with a manufacturer’s intention should not be a basis to deny tort liability or limit the regulatory options of the Consumer Product Safety Commission. If a product proves to be unsafe, defective, dangerous, or otherwise hazardous to users and consumers, use patterns should not be the primary determinant in assessing regulatory and common law sanctions or …

Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle

Pepperdine Law Review

No abstract provided.

Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials, J. Brandon Sieg

William & Mary Law Review

No abstract provided.

Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass

William & Mary Law Review

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …

A Products Liability Theory For The Judicial Regulation Of Insurance Policies, Daniel Schwarcz

William & Mary Law Review

Many insurance law commentators believe that judges should regulate the substance of insurance policies by refusing to enforce insurance policy terms that are exploitive or otherwise unfair. The most common guide for the judicial regulation of insurance policies is the "reasonable expectations doctrine," which requires courts to disregard coverage restrictions that are beyond insureds' reasonable expectations unless the insurer specifically informed the insured about the restriction at the time of purchase. This Article argues that although the judiciary has a potential role to play in policing insurance policy terms, that role should not be defined by reference to consumers' reasonable …

Hormone Replacement Therapy In The Wake Of The Women's Health Initiative Study: An Opportunity To Reexamine The Learned Intermediary Doctrine, Kate Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Direct-To-Consumer Advertising And The Internet: Informational Privacy, Product Liability And Organizational Responsibility, Audiey C. Kao, Erica Ozanne Linden

Saint Louis University Law Journal

No abstract provided.

Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard

William & Mary Environmental Law and Policy Review

No abstract provided.

The End Of The Defendant Advantage In Tobacco Litigation, Howard M. Erichson

William & Mary Environmental Law and Policy Review

No abstract provided.

A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Federal Boat Safety Act Of 1971 And Propeller Strike Injuries: An Unexpected Exercise In Federal Preemption, Amy P. Chiang

Fordham Law Review

No abstract provided.

Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower

Missouri Law Review

Product liability has evolved from a combination of contract and tort theories. Under current contract analysis a manufacturer is liable for injuries resulting from a product which is "unmerchantable," while under strict liability in tort a manufacturer is liable for injuries resulting from a product which is "defective.” The majority of legal scholars and jurisdictions have found that in the area of personal injury these two underlying tests are synonymous. This means, in effect, that all products found unmerchantable should also be found defective, and vice versa.

Rolling The "Barrel" A Little Further: Allowing Res Ipsa Loquitur To Assist In Proving Strict Liability In Tort Manufacturing Defects, Matthew R. Johnson

William & Mary Law Review

No abstract provided.

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.

Product Liability Law In The Federal Arena, Sherman Joyce

Seattle University Law Review

The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …

Truth & Beauty, Deception & Disfigurement: A Feminist Analysis Of Breast Implant Litigation, Kerith Cohen

William & Mary Journal of Race, Gender, and Social Justice

In her recent book, The Beauty Myth,' Naomi Wolf discusses the phenomenon in which a woman links her identity to her physical appearance. Wolf presents the beauty myth as a sequel to the feminine mystique2 "discovered" by Betty Friedan.3 The feminine mystique depicts happy womanhood as a "modern" suburban housewife.4 The beauty myth, on the other hand, depicts the modern happy woman as physically perfect. 5 "The beauty myth tells a story: the quality called 'beauty' objectively and universally exists. Women must want to embody it and men must want to possess women who embody it."'

This Note explores how …

Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix

William & Mary Law Review

No abstract provided.

Liaiblity For Defective Products In The Soviet Union: Socialist Law Versus Soviet Reality, Bruce L. Ottley, Younghee Jin

Northwestern Journal of International Law & Business

This Perspective examines the role of the Soviet legal system in improving the quality of industrial and consumer products.15 After discussing the laws governing the quality of goods and the remedies for defective products,16 the effectiveness of these laws in providing incentives for producing quality goods will be assessed. This Perspective demonstrates that while the socialist law of the USSR provides the tools for assuring product quality, these laws will not be successful until the Soviet Union deals with the more basic realities of its economic and legal systems.

Alternatives To Manufacturer Liability For Injuries Caused By The Sabin-Type Oral Polio Vaccines, Faye F. Spence

William & Mary Law Review

No abstract provided.

Aircraft Crashworthiness: Should The Courts Set Standards?, Scott G. Lindvall

William & Mary Law Review

No abstract provided.

Statute Of Limitations Problems In Products Liability Cases--Exercises In Privity, Symmetry, And Repose, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.

Statute Of Limitations Problems In Products Liability Cases--Exercises In Privity, Symmetry, And Repose, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.

Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich

William & Mary Law Review

No abstract provided.

Punitive Damages In Strict Products Liability Litigation, Nadine E. Roddy

William & Mary Law Review

No abstract provided.

Automobile Crashworthiness: Evans Takes A Backseat, Frederick T. Haase Jr.

Villanova Law Review

No abstract provided.

Uniform Commercial Code - Section 2-719(3) - Presumption Of Unconscionability On The Part Of Tire Manufacturer For Exclusion Of Liability For Personal Injuries Under Express Warranty Against Blowouts Is Not Rebutted By Proof That The Tire Was Not Defective, Katherine A. Bomba

Villanova Law Review

No abstract provided.

Products Liability - Manufacturers' Strict Liability For Enhanced Injuries Due To Design Defects. Badorek V. General Motors Corp., 11 Cal. App. 3d 902, 90 Cal. Rptr. 305 (1970), Daniel J. Perry

William & Mary Law Review

No abstract provided.

Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell

William & Mary Law Review

No abstract provided.

Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus

William & Mary Law Review

No abstract provided.