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 University Charles Widger School of Law
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
No abstract provided.
Lawsuits Against The Gun Industry: A Comparative Institutional Analysis,
Timothy D. Lytton
Georgia State University College of Law
Lawsuits Against The Gun Industry: A Comparative Institutional Analysis, Timothy D. Lytton
Faculty Publications By Year
I argue that the tort system can complement the efforts of either institutions such as markets, legislatures and administrative agencies to make public policy. Solving complex social problems typically requires the cooperation of several policymaking institutions, each with its own strengths and weaknesses. My examination of lawsuits against the gun industry reveals that the tort system can and should play an active policymaking role in reducing gun violence.
Donoghue V. Stevenson's 60th Anniversary,
Franco Ferrari
Golden Gate University School of Law
Donoghue V. Stevenson's 60th Anniversary, Franco Ferrari
Annual Survey of International & Comparative Law
No abstract provided.
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims,
Cami Perkins
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins
Nevada Law Journal
No abstract provided.
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom,
Andrei Sirabionian
Northwestern Pritzker School of Law
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian
Northwestern Journal of International Law & Business
Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.
Liability Of Retailer And Wholesaler,
William J. Hotes
Cleveland State University
Liability Of Retailer And Wholesaler, William J. Hotes
Cleveland State Law Review
With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied ...
Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations,
Michael F. Brown
Villanova University Charles Widger School of Law
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
No abstract provided.
The "Bad Samaritan" Paradigm,
Anthony D'Amato
Northwestern University School of Law
The "Bad Samaritan" Paradigm, Anthony D'Amato
Faculty Working Papers
This essay will attempt to show that the disparity between the rule of law and the dictates of morality is itself a product of the paradigmatic way in which the "Bad Samaritan" cases are analyzed. If we examine the cases in an entirely different way, many of the standard problems will dissolve and new alternatives will become apparent. The essay will also show that the "Bad Samaritan" paradigm is part of a larger paradigm linking the law of torts with the criminal law, which also needs to be reexamined. Finally a recommendation for dealing with the "Bad Samaritan" problem legislatively ...
Generic Product Risks: The Case Against Comment K And For Strict Tort Liability,
Joseph A. Page
Georgetown University Law Center
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 ...
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability,
Michael K. Steenson
Mitchell Hamline School of Law
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 ...
The George Washington University Law School
University of South Carolina - Columbia
