Products Liability Commons^™

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.

Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut

Villanova Law Review (1956 - )

No abstract provided.

Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno

Faculty Publications

No abstract provided.

Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre

University of Baltimore Law Review

In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.

Torts - Products Liability - Successor Corporation Strictly Liable For Defective Products Manufactured By The Predecessor Corporation, Joseph F. Kessler

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown

Villanova Law Review (1956 - )

No abstract provided.

Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner

Villanova Law Review (1956 - )

No abstract provided.

Public Services Meet Private Law, Michael I. Krauss

ExpressO

Public services are provided at various levels, and for various reasons, by governments to corporate and private citizens. Recently, an important movement in tort theory has sought to allow governments to recoup the cost of public services as tort damages from wrongdoers, especially from wrongdoers of the corporate variety. Much of the latest thrust in tort law, which consists of attorneys-general's suits against corporations, relies implicitly on a challenge to the common law's "free public services doctrine."

Recently, scholarship emanating largely from plaintiff-oriented sources has sought to appeal to free-market and law-and-economics scholars (who are often defense-oriented) by emphasizing the …

Generic Product Risks: The Case Against Comment K And For Strict Tort Liability, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The author considers whether strict liability should be imposed for injuries caused by products that pose generic risks--risks that do not derive from flaws in the manufacturing process but from product design or from the very nature of the product. He reviews the American Law Institute (ALI) debate that preceded adoption of section 402A of the Restatement (Second) of Torts and finds the ambiguous meaning of comment k, which deals with "unavoidably unsafe" products, of little use in determining whether section 402A applies to generic product risks. After examining the policy justifications for imposing strict liability in cases involving design …

Design Defects, David G. Owen

Faculty Publications

No abstract provided.