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Full-Text Articles in Law

The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 …