Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Featuring People In Ads, Eric Goldman, Rebecca Tushnet
Featuring People In Ads, Eric Goldman, Rebecca Tushnet
Faculty Publications
This is a book chapter from a new casebook, Advertising & Marketing Law: Cases and Materials, by Rebecca Tushnet and Eric Goldman. This chapter examines the legal issues arising from featuring people in advertisements, including publicity rights and endorsement/testimonial guidelines.
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Faculty Publications
In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.