Topic
Strict Liability
146 published works
Other
“Mandatory Sentences as Strict Liability”
The title of this post is the title of this new paper authored by William W. Berry III now available via SSRN. Here is its abstract:Strict liability crimes — crimes…
Stafford Rosenbaum Law Blog
Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products (Extended Post)
Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation…
Tort Talk
Federal Court Rules that Contributory Negligence Defense Cannot Be Utilized in a Strict Liability Case
In the Cote v. Schnell Industries, No. 4:18-CV-01440 (M.D. Pa. Nov. 8, 2022 Brann, J.), the court granted in part and denied in part Motions In Limine filed by both…
Kirakosian Law Blog
Dog Bite Strict Liability California
Can a dog bite that doesn’t break flesh or cause bleeding lead to winning a personal injury lawsuit? Johnson v. McMahan, 1998 establishes that YES IT MAY! And no, we’re…
Global Regulation Tomorrow
The Economic Crime (Transparency and Enforcement) Act 2022 – the conundrum of strict liability
By Hannah McAslan (UK), David Harris (UK)
The Economic Crime (Transparency and Enforcement) Act 2022 (the Act), which came into force in March 2022, aimed amongst other things, to give UK sanctions authorities greater power to take…
Global Investigations & Compliance Review
The UK’s OFSI Provides Guidance on Strict Liability Sanctions Breach Penalties
The Office of Financial Sanctions Implementation (OFSI), part of HM Treasury, which is the authority for implementing financial sanctions in the UK, have published guidance to clarify how they will…
TortsProf Blog
Tilley on Strict Liability
Cristina Carmody Tilley has posted to SSRN Just Strict Liability. The abstract provides:Theorists who contend that tort is designed to do justice cannot explain strict liability. The strict sector plagues these…
TortsProf Blog
Geistfeld on Strict Products Liability 2.0
Mark Geistfeld has posted to SSRN his contribution to the upcoming symposium on "The State of Tort Theory" in the Journal of Tort Law. Entitled Strict Products Liability 2.0: The Triumph…
Drug & Device Law
The 402A Plot Thickens in Pennsylvania
By Bexis
Recently, in the context of an IVC filter case, the Third Circuit Court of Appeals certified two questions to the Pennsylvania Supreme Court: 1. Under Pennsylvania law, must a plaintiff…
Criminal
Split Washington Supreme Court rules state’s strict liability felony drug possession law violates due process
The Washington Supreme Court issued an interesting split decision yesterday concerning the state's drug possession law. Here is how the majority opinion in Washington v. Blake, No. 96873-0 (Wash. Feb.…