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Strict Liability

146 published works

  1. Other

    “Mandatory Sentences as Strict Liability”

    By Douglas Berman

    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…

  2. 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)

    By Stafford Rosenbaum

    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…

  3. Tort Talk

    Federal Court Rules that Contributory Negligence Defense Cannot Be Utilized in a Strict Liability Case

    By Daniel Cummins

    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…

  4. Kirakosian Law Blog

    Dog Bite Strict Liability California

    By Greg Kirakosian

    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…

  5. 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…

  6. Global Investigations & Compliance Review

    The UK’s OFSI Provides Guidance on Strict Liability Sanctions Breach Penalties

    By Squire Patton Boggs

    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…

  7. TortsProf Blog

    Tilley on Strict Liability

    By Christopher Robinette

    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…

  8. TortsProf Blog

    Geistfeld on Strict Products Liability 2.0

    By Christopher Robinette

    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…

  9. 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…

  10. Criminal

    Split Washington Supreme Court rules state’s strict liability felony drug possession law violates due process

    By Douglas Berman

    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.…