Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
The Need For Rational Boundaries In Civil Conspiracy Claims, Mark A. Behrens, Christopher E. Appel
The Need For Rational Boundaries In Civil Conspiracy Claims, Mark A. Behrens, Christopher E. Appel
Northern Illinois University Law Review
Recently, the tort of civil conspiracy has become a favored weapon of plaintiffs' lawyers in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Civil conspiracy claims are often asserted by plaintiffs to allege the liability of peripheral defendants based on their associations with the party primarily responsible for the allegedly injurious product—the manufacturer—such as through membership in a relevant industry or trade association. These claims also fit into a broader pattern of plaintiffs' attorneys seeking to extend concepts of vicarious liability, even to implicate entire industries. …
The Benefits Of Limiting Strict Liability For Used-Product Sellers, Antonio J. Senagore
The Benefits Of Limiting Strict Liability For Used-Product Sellers, Antonio J. Senagore
Northern Illinois University Law Review
This article urges courts to adopt the majority rule that strict liability should not apply to the mere commercial sale of a used good. Despite that majority rule, a significant minority of courts still imposes strict liability on new- and used-product sellers alike. This split persists because courts adopting the minority rule have overlooked the significant economic and social benefits of the used product market. This article examines the specific benefits of a used product market according to the policies leading to the creation of strict products liability. The used-product market fosters efficiency, which lets low-income consumers buy affordable quality …
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
Northern Illinois University Law Review
This comment addresses the applicability of the doctrine of equitable estoppel to products liability statutes of repose. The comment specifically focuses upon the situation where the injury caused by the defective product occurs after the repose period has ended and it is alleged that the manufacturer concealed from the customer its knowledge of the defect. The author concludes that the principles of equitable estoppel should be applied to bar the manufacturer from asserting the statute of repose as a defense where the manufacturer intentionally withheld its knowledge of the unreasonably dangerous defects of its product from the consumer.
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Northern Illinois University Law Review
An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Northern Illinois University Law Review
This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.
Products Liability--Should Illinois Allow Recovery For Property Damage Absent Personal Injury?, Thomas J. O'Brien
Products Liability--Should Illinois Allow Recovery For Property Damage Absent Personal Injury?, Thomas J. O'Brien
Northern Illinois University Law Review
Judge O'Brien identifies the factors which should permit or deny recovery for property damage in products liability cases absent personal injury. Various types of damages are classified and analyzed to determine the types of loss which should be compensable under Illinois law.