Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cigarette (2)
- Cipollone (2)
- Federal (2)
- Preemption (2)
- Statutory interpretation (2)
-
- Tobacco (2)
- And commercial providers of dangerous services (1)
- BFOQ (1)
- Bailors for hire (1)
- Bona fide occupational qualification (1)
- Cipollone v. Liggett Group Inc. (1)
- Common carriers (1)
- Compliance (1)
- Consumer (1)
- Cosmetic (1)
- Customer (1)
- Dangerous (1)
- Design defect (1)
- Design defect liability (1)
- Design defects (1)
- Drug (1)
- Eskridge (1)
- Eskridge-Frickey (1)
- Express preemption (1)
- FIFRA preemption (1)
- FIFRA. Federal Insecticide Fungicide and Rodenticide Act (1)
- Federal Insecticide (1)
- Federal regulation (1)
- Federalism (1)
- Fetal injury (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness
The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness
Law Faculty Scholarly Articles
The United States Supreme Court handed down an opinion in the Cipollone case on June 24, 1992. Justice Stevens, writing for the majority, concluded that the Federal Cigarette Labeling and Advertising Act preempted all tort claims against cigarette manufacturers based on failure to provide adequate warnings about the health risks of smoking. However, the Court also held that claims based on breach of express warranty, misrepresentation, and conspiracy were not preempted by the Act. Thus, although Cipollone represents a clear victory for tobacco companies, it also leaves the door open for future litigation. The first part of this Article will …
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Law Faculty Scholarly Articles
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …
Cipollone V. Liggett Group, Inc.: One Step Closer To Exterminating The Fifra Preemption Controversy, Caroline E. Boeh
Cipollone V. Liggett Group, Inc.: One Step Closer To Exterminating The Fifra Preemption Controversy, Caroline E. Boeh
Kentucky Law Journal
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover
Kentucky Law Journal
No abstract provided.
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Design Defect Liability: In Search Of A Standard Of Responsibility, Mary J. Davis
Law Faculty Scholarly Articles
Responsibility for the consequences of our own actions and occasionally for the actions of others seems to have been largely forgotten as a foundation for governing conduct. This Article advocates re-emphasizing responsibility in one important area, that of manufacturer liability for product design. To that end, the author proposes the highest standard of conduct by which to judge product manufacturers' design decisions. The standard proposed in this Article is higher than merely reasonable, prudent conduct and is not the allegedly "strict" liability frequently imposed. The standard this Article proposes reflects an emphasis on responsible conduct in light of the special …