Consumer Protection Law Commons^™

European Analogues To The Class Action: Group Action In France And Germany, William B. Fisch

Faculty Publications

For the civil proceduralist in the United States the most perplexing problems of recent years have been presented by claims of large numbers of persons against large economic interests. A single error in manufacturing design can cause a relatively small injury to each of a large number of consumers; a misrepresentation in national advertising for such goods can have similar consequences; the polluting effects of a single enterprise can be dispersed among a large neighboring population. The result is that the stake of each potential claimant in the outcome of the litigation can be greatly outweighed by the magnitude of …

Products Liability--Functionally Imposed Strict Liability, David A. Fischer

Faculty Publications

Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …

Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan

University of Michigan Journal of Law Reform

This article will briefly review the traditional principles of corporate law governing the assumption of liabilities in the acquisition of an ongoing business, and the doctrinal premises of strict products liability. Attention will then be critically directed to recent developments in case law in which the traditional rules have been modified to reflect the policy considerations of strict products liability. Finally, this article will discuss the possibility of legislative intervention in the development of new principles governing successor responsibility for products liability claims and propose that this problem is an appropriate subject for legislative rather than judicial action.

A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers

Scholarly Articles

The purpose of this Article is to take a hard look at the possible objectives of a disclosure statute such as Truth In Lending, and ask the basic question whether these objectives are attainable, and if so, what type of a statute can best effectuate the legislative policies. Given the lawmakers' fascination with disclosure-type legislation in the scheme for protecting consumers, and the myths that accompany such legislation, this undertaking should prove useful.

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

Judicial Erosion Of The Rescission Right Under Truth In Lending

Washington and Lee Law Review

No abstract provided.

Truth And Consequences, John W. Edmonds, Iii, George W. Taylor, Jr.

Washington and Lee Law Review

No abstract provided.

Consumer Law Developments: A Note On The Impact Of Recent Federal Legislation In Nova Scotia, Hugh M. Kindred

Dalhousie Law Journal

Two years have passed since the previous comment on consumer law in this journal but surprisingly little provincial development has taken place. Consequently, this note will chiefly highlight the particular impact of changes in federal law for Nova Scotians. Provincial Activity In 1975 important additions were made to the Consumer Protection Act that were the subject of comment at the time.1 This impression of momentum created by the new department responsible for consumer affairs has disappointingly been lost. In the interim the minister has been raised to full cabinet rank and his responsibilities widened, but little reformatory legislation has been …

Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich

Washington Law Review

This comment will describe the statutory scheme for rescission and restoration, identify where and why interpretive problems arise, summarize the judicial approaches to these problems, and analyze those approaches in relation to the stated purposes of the Act.

The Changing Face Of Broadcaster Responsibility Under The Public Interest Standard, Patrice Primiano Suberlak

Loyola University Chicago Law Journal

No abstract provided.

Consumer Law--The Supervised Loan In West Virginia, Jon David Levy

West Virginia Law Review

The supervised (small) loan is just one piece in the patchwork of transactions characterized as consumer credit. It is designed to increase the availability of credit for consumers in a form attractive to legitimate lenders who are permitted to issue loans with a low ceiling on the maximum principal amount, and a high ceiling on the permissible rate of interest. The other primary feature of the supervised loan, in trade off to its exemption from general usury requirements, is comprehensive regulation. As a result, supervised loan legislation is uniformly characterized by scrupulous licensing and oversight requirements. The one source perhaps …

Products Liability--Applicability Of Comparative Negligence, David A. Fischer

Faculty Publications

Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.

Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner

Kentucky Law Journal

No abstract provided.

A Critique Of The Uniform Product Liability Law -- A Rush To Judgment, Aaron Twerski, A. S. Weinstein

Faculty Scholarship

No abstract provided.

Lender Has No Responsibility For Statutory Disclosures Where Seller Arranges Credit And Lender's Disclosures Would Be Duplicative., John M. Vaught

St. Mary's Law Journal

Abstract Forthcoming.

Assignee Liability Under The Texas Consumer Credit Code., Barry Snell

St. Mary's Law Journal

Abstract Forthcoming.

Public And Private Rights And Remedies Under The Deceptive Trade Practices - Consumer Protection Act., Philip K. Maxwell

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Deceptive Trade Practices - Consumer Protection Act: Application To Professional Malpractice., Patricia E. Swanson

St. Mary's Law Journal

Abstract Forthcoming.

Emergence Of Consumer Credit Protection - Federal And Texas., Rebecca Gregory

St. Mary's Law Journal

Abstract Forthcoming.

Significant Recent Developments In Federal Consumer Credit Legislation And Case Law., Joe P. Smyer, P. Keith O'Gorman

St. Mary's Law Journal

Abstract Forthcoming.

The Texas Debt Collection Practices Act: Relief For The Harassed Debtor., William R. Crow Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Treble Damages Are Discretionary Under The Dtpa., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.

Preservation Of Claims And Defenses Under The Texas Business And Commerce Code And Under The Texas Consumer Credit Code., James G. Boyle

St. Mary's Law Journal

Abstract Forthcoming.

Affirmative Remedies For The Tenant., Robin Vaughn Dwyer

St. Mary's Law Journal

Abstract Forthcoming.

Legislative Notes: The Fda's Over-The Counter Drug Review: Expeditious Enforcement By Rulemaking, David Selmer

University of Michigan Journal of Law Reform

This article attempts to show that the OTC drug review has distinct advantages over traditional drug regulation. Part I outlines briefly the traditional case-by-case approach to drug licensing and describes FDA enforcement efforts prior to the OTC drug review. Part II sets forth the new rulemaking approach and considers the use of advisory panels. Part III examines several procedural questions associated with the review and concludes that the use of monographs as regulatory standards will afford the FDA an expeditious enforcement mechanism by resolving complex scientific issues at the administrative rather than the judicial level. Judicial review should be available, …

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.

Efts: Consumer Protection Under The Ucc, Susan E. Jinnett

University of Michigan Journal of Law Reform

In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …

Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza

Law Faculty Scholarship

This paper will deal with with exemption granted [under the Medical Device Amendments Act of 1976] for the investigational use of devices subject to premarket testing, and more particularly, with the obligation of an investigator seeking such exemption to secure an informed consent agreement from human subjects (or their representatives) under § 520(g)(3)(D) of the Act. It will also consider the relationship between the statutory obligation and that which might be imposed by the common law of negligence.

The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski

Faculty Scholarship

No abstract provided.

Consumer Credit: Abolition Of The Holder In Due Course Doctrine, 10 J. Marshall J. Prac. & Proc. 587 (1977), Bedell A. Tippins

UIC Law Review

No abstract provided.