Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Torts (3)
- Class action (2)
- Alien Tort Claims Act (ATCA) (1)
- Anchem (1)
- Asbestos (1)
-
- Auto insurance (1)
- Automobile accident (1)
- Biased allocation (1)
- Bjork-Shiley (1)
- Burden of proof (1)
- Business judgment rule (1)
- CGL (1)
- China law (1)
- China legal system (1)
- China's court (1)
- Chinese law (1)
- Civil Procedure Law (CPL) (1)
- Class action litigation (1)
- Class litigation (1)
- Columbia Law Review (1)
- Commercial Seller (1)
- Contracts (1)
- Dalkon Shield (1)
- Distributor (1)
- Economic loss (1)
- Environmental pollution (1)
- European Union (EU) (1)
- First amendment (1)
- Forced labor (1)
- General Agreement on Tariffs and Trade (GATT) (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson
The Politics Of The Products Liability Restatement, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson
Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
The Tale Of A Tail, James F. Hogg
The Tale Of A Tail, James F. Hogg
Faculty Scholarship
The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting, …
The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin
The Plausibility Of Legally Protecting Reasonable Expectations, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Faculty Scholarship
The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
Faculty Scholarship
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products liability law. The Restatement (Third) of Torts: Products Liability provides a yardstick for measuring products liability law in each individual state. Minnesota's law is largely similar to the rules set out in the Restatement. While Minnesota has not yet adopted all of the positions in all of the rules, the Minnesota Supreme Court has taken positions on the rules governing liability, which are substantially the same. It no longer seems possible to argue that negligence principles do not control in cases involving design defect and failure to …
Law And Economics And Tort Law: A Survey Of Scholarly Opinion, Andrew P. Morriss, John C. Moorhouse, Robert Whaples
Law And Economics And Tort Law: A Survey Of Scholarly Opinion, Andrew P. Morriss, John C. Moorhouse, Robert Whaples
Faculty Scholarship
Recent litigation brought against cigarette manufacturers, software companies over potential year 2000 computer problems, and a fast food restaurant for serving coffee that was allegedly too hot reminds us of the importance and dynamic nature of tort law in the United States. Judging from ongoing coverage by newspapers and television, tort law is newsworthy. Yet, as with other legal issues, it is within the covers of law reviews and specialty journals in economics that much of the debate over the social utility of various tort rules and their reform takes place. In that debate law and economics exercises great influence. …
Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov
Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov
Faculty Scholarship
In September 1990, the Chief Justice of the U.S. Supreme Court appointed an Ad Hoc Committee on Asbestos Litigation in response to what was widely perceived as a "'failure of the federal court system to perform one of its vital roles in our society.'" Less than a year later, the Judicial Panel on Multidistrict Litigation transferred all untried asbestos cases to the eastern district of Pennsylvania for pretrial proceedings. In January 1993, these proceedings produced a global settlement class action of historic proportions, which the district court eventually approved in August 1994. In May 1996, in Georgine v. Amchem Products, …
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Faculty Scholarship
In the past decade, settlement class actions have become increasingly popular in mass tort litigation, having been used successfully in cases such as the Dalkon Shield litigation, the Bjork-Shiley heart valve litigation, and the orthopedic bone screw litigation. Although the Supreme Court's opinion in Amchem has engendered some confusion over the continued viability of mass tort settlement class actions, it appears that such settlements remain a dominant approach to resolving mass tort lawsuits. With increasing frequency, plaintiffs and defendants come to court holding hands, and courts must launch their own vigorous inquiries into the merits of the parties' proffered settlement. …
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Global Labor Rights And The Alien Tort Claims Act, Sarah H. Cleveland
Faculty Scholarship
Are labor rights human rights? Are some worker rights so fundamental that must be respected by all nations, and all corporations, under all circumstances? If so, who has the authority to define such rights, and how should they be enforced? What is the effect on the global economy of enforcing international worker rights? These are some of the questions confronted by the authors of Human Rights, Labor Rights, and International Trade, a compilation of essays by an international group of scholars, labor rights activists, and corporate executives addressing contemporary topics in the dialectic among labor, trade, and human rights.
Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.
Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.
Faculty Scholarship
If it was the goal of Silver and Baker to write a provocative article, they have succeeded. They ask probing questions; they are appropriately scornful of superficial answers; and they seek to relate their view of legal ethics to what they perceive to be the prevailing standards in the legal marketplace. All this is good. They also usefully focus on an underappreciated dichotomy: the ethical rules governing aggregated settlements in consensual litigation versus the rules applicable in aggregated nonconsensual litigation (i.e., class actions). Essentially, they argue that the rules in both contexts should be the same or very similar, the …
Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan
Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan
Faculty Scholarship
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigation today, namely, the extent to which a trial court's class judgment can bind – either by preclusion or injunction – unnamed nonresident class members, thus preventing them from raising due process challenges to the judgment in another court. After placing the antisuit injunction and preclusion issues in the context of recent class action and related developments, Professor Monaghan discusses the Supreme Court's 1985 decision in Phillips Petroleum Co. v. Shutts and its applicability to these issues. In particular, Professor Monaghan criticizes reading Shutts' "implied …
Class Action Litigation In China, Benjamin L. Liebman
Class Action Litigation In China, Benjamin L. Liebman
Faculty Scholarship
Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …