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Full-Text Articles in Law
Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn
Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn
Faculty Articles
Authorities appropriately condemn dishonesty by attorneys in the broadest terms. In moving from moral principles to legal liability, however, it is important to think carefully about when a lawyer’s conduct misleads a client in a way that is actionable. Whether liability will be imposed depends upon the nature of the misrepresentation, the status of the plaintiff, the theory of liability, and the presence of competing interests or special considerations.
Basic principles of American tort law provide useful guidance in defining the disclosure obligations of attorneys. But like tort law itself, the answers are not simple. What an attorney may, must, …
A Continuing Whimsical Search For The True Meaning Of The Term “Product” In Products Liability Litigation, Charles E. Cantú
A Continuing Whimsical Search For The True Meaning Of The Term “Product” In Products Liability Litigation, Charles E. Cantú
Faculty Articles
More than a decade has elapsed since an initial attempt was made to discern the true meaning of the term product in products liability litigation. At the time, a brief history of events leading up to the adoption of Section 402A of the Restatement (Second) of Torts was outlined, and it was emphasized that what had at first seemed so simple subsequently proved to be somewhat complex.
An examination of cases involving the sales/service transaction, as well as those involving real estate, blood, electricity, component parts, water, computer software, and ideas, sometimes held that what was involved was a product. …