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Articles 1 - 4 of 4
Full-Text Articles in Law
Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.
Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson
The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.
Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.
Cornell Law Faculty Publications
This article analyzes 1,100 opinions to find the determinants of products liability cases on appeal in state and federal courts. The strongest predictor of plaintiff success on appeal is whether the plaintiff prevailed in a jury trial. Other important factors are the defendant's status as manufacturer, wholesaler, or successor corporation; the plaintiffs degree of injury; and whether the case involved a failure-to-warn claim. The existence of a comparative negligence regime increases the tendency of appellate courts to affirm lower courts. These results allow rejection of a simple model in which pre- and posttrial settlement behavior filters out cases in which …