(Excerpt) Part I of this Article explores tort law’s treatment of agency standards and regulations regarding determinations of product defectiveness, the propriety of post-sale warnings, and whether to punish the manufacturer with punitive damages. Part II then explains how tort law treats agency determinations—and lack thereof—on product recalls. This Part explains how tort law’s narrow standards for liability defer to agency orders to determine the reasonableness of a product recall and how that deference is illogical and inconsistent with negligence per se principles. Part II also concludes that product recalls are not so special so as to deserve special treatment within tort law
Federal administrative agencies have established safety standards or licensing procedures for airpla...
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products l...
This article argues that the Third Restatement of Products Liability, far from accomplishing its goa...
(Excerpt) Part I of this Article explores tort law’s treatment of agency standards and regulations r...
This article examines a firm's incentives to recall its product after learning that the product may ...
This paper examines a firm’s private incentives to recall its product after learning of potential ha...
This article examines the relationship between two concepts found throughout the law of products lia...
The nature and likelihood of harms associated with products may be revealed over time. As more infor...
Rarely does the United States Supreme Court consider and decide an issue of tort law, especially one...
Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for produ...
This article provides an overview or primer on the law of products liability in the United States fo...
In recent years, innovations in consumer financial protection have drawn heavily from the law govern...
This Article argues that waivers of tort liability should be permitted in connection with product sa...
While no one would dispute that safety is a desirable objective, it may not always be an absolute pr...
In his famous Stanford Law Review article, When Worlds Collide,\u27 Professor Marc Franklin foretold...
Federal administrative agencies have established safety standards or licensing procedures for airpla...
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products l...
This article argues that the Third Restatement of Products Liability, far from accomplishing its goa...
(Excerpt) Part I of this Article explores tort law’s treatment of agency standards and regulations r...
This article examines a firm's incentives to recall its product after learning that the product may ...
This paper examines a firm’s private incentives to recall its product after learning of potential ha...
This article examines the relationship between two concepts found throughout the law of products lia...
The nature and likelihood of harms associated with products may be revealed over time. As more infor...
Rarely does the United States Supreme Court consider and decide an issue of tort law, especially one...
Professor Wertheimer has proposed that courts be allowed to hold producers strictly liable for produ...
This article provides an overview or primer on the law of products liability in the United States fo...
In recent years, innovations in consumer financial protection have drawn heavily from the law govern...
This Article argues that waivers of tort liability should be permitted in connection with product sa...
While no one would dispute that safety is a desirable objective, it may not always be an absolute pr...
In his famous Stanford Law Review article, When Worlds Collide,\u27 Professor Marc Franklin foretold...
Federal administrative agencies have established safety standards or licensing procedures for airpla...
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products l...
This article argues that the Third Restatement of Products Liability, far from accomplishing its goa...