Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 50

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 72

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Author: Marshall S. Shapo
Publisher: Wolters Kluwer
ISBN: 1454821477
Category : Law
Languages : en
Pages : 3484

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Book Description
A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 52

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Author: Mark Geistfeld
Publisher: Aspen Publishing
ISBN: 1543820662
Category : Law
Languages : en
Pages : 800

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Book Description
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.

Author: David W. Barnes
Publisher: Aspen Publishing
ISBN: 1543838758
Category : Law
Languages : en
Pages : 1341

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Basic Tort Law is a comprehensive introduction to intentional torts, negligence, and strict liability including the fundamental issues of duty, breach, causation, and compensation. Offering comprehensive coverage that is suitable for one or two semester torts courses,Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-16 allow teachers to select additional topics that fit best with their curriculum and interests. New to the Sixth Edition: Thoroughly updated with new cases, problems, and notes, including: a new subsection on potential strict products liability for online marketplaces like Amazon that facilitate sales by third-party vendors; a new subsection comparing liability under trespass and nuisance theories; a contemporary case on but-for causation; two recent cases addressing market share liability; two new cases and a problem on the Restatement (Third) approach to duty; and a new case on the economic loss doctrine. Professors and students will benefit from: These general features help first-year teachers and students achieve their goals: Cases are edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Many statutes are included to allow students to learn to read statutes and to see how important statutes are in tort issues. Students find the book easy to learn from, because each case has clear introductory text and is followed by clear, and not too numerous, notes. There are many problems, mostly in essay format, to test student understanding of every topic in the book. For each topic, there is at least one practice-oriented problem designed to illustrate the variety of contexts in which lawyers confront doctrinal issues. Problems are usually drawn from reported decisions and include citations to those decisions.

Author: United States. National Labor Relations Board
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 1512

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Author: Carl T. Bogus
Publisher: NYU Press
ISBN: 0814737943
Category : Law
Languages : en
Pages : 277

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Argues that lawsuits work far better than commonly understood Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 104

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 92

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