Topic
Strict Liability
146 published works
Drug & Device Law
Muddling of Pennsylvania Strict Liability and Implied Warranty Law
Normally we embrace cases that find that plaintiff has failed to meet the pleading requirements of Twombly and Iqbal. We like when courts ferret out the claims that can’t even…
Sentencing Law and Policy
SCOTUS grants cert on federal criminal law causation issues
Main April 29, 2013SCOTUS grants cert on federal criminal law causation issues The Supreme Court, despite having one of it members on the DL, gets a new week started with…
TortsProf Blog
James Beck: “Using Reott’s Shiny New Strict Liability Defense”
In Reott v. Asia Trend, Inc., 55 A.3d 1088 (Pa. 2012), the Pennsylvania Supreme Court once again dodged the existential question of Second versus Third Restatement, because the plaintiff’s…
Litigation & Trial
Impossibility Preemption, Strict Liability, And The Troll Supreme Court Justice
This week’s U.S. Supreme Court argument in Bartlett v. Mutual Pharmaceutical (link goes to my thoughts on the case, which I posted back in December) has taken the issue of…
Drug & Device Law
On Speaking Too Soon
By Bexis
We (well, Bexis) doesn’t know all that much about Arkansas. He’s only been there once – if driving through without stopping on I-55 to Memphis many years ago counts. Even his massive…
Sentencing Law and Policy
“Punishment Without Culpability”
Main January 16, 2013"Punishment Without Culpability" The title of this post is the title of this notable new paper on SSRN by Professor John Stinneford, which ought to be of…
TortsProf Blog
JOTWELL: “A Preference for Strict Liability?”
Over at JOTWELL, I have a review of Joseph Sanders, Matthew B. Kugler, John M. Darley and Lawrence M. Solan, Torts as (Only) Wrongs? An Empirical Perspective (Brooklyn Law School, Legal Studies Paper…
Drug & Device Law
Causation and Plaintiff’s Conduct in Pennsylvania Strict Liability
By Bexis
The Pennsylvania Supreme Court decided a product liability case yesterday: Reott v. Asia Trend, Inc., Nos. 27-30 WAP 2011, slip op. (Pa. Nov. 26, 2012). First of all – no, Reott did not…
Drug & Device Law
Hospital Strict Liability – A 50-State Survey
By Bexis
The other day we posted about Von Downum v. Synthes, 2012 WL 5463900 (N.D. Okla. Nov. 8, 2012), primarily concerning its fraudulent joinder holding – in accord with the “overwhelming weight of authority”…
Litigation & Trial
The Purpose of Strict Liability In Pennsylvania
Do you think it’s fair to ask riding lawnmower manufacturers to pay for the medical care of children injured in riding lawnmower accidents? How about asking meat blender suppliers to…