Topic
Strict Liability
146 published works
Drug & Device Law
Past Time for Rule 11 in Louisiana
By Bexis
The Louisiana Product Liability Act (“LPLA”) was enacted way back in 1988 – almost 30 years ago – to rein in the Louisiana courts’ product liability insanity (inanity?) epitomized by…
Maryland Alcoholic Beverage Law
Liquor Licensee Now Strictly Liable
In a recent case, Maryland’s highest court held that liquor board rules and regulations may impose strict liability on liquor licensees for prohibited conduct that occurs on their premises whether…
Sentencing Law and Policy
“Strict Liability’s Criminogenic Effect”
Main January 26, 2017"Strict Liability's Criminogenic Effect"The title of this post is the title of this new paper authored by Paul Robinson now available via SSRN. Here is the abstract:…
Food Safety News
U.S. Supreme Court asked to review DeCoster v. U.S.
By Dan Flynn
A writ of certiorari has been filed with the U.S. Supreme Court, requesting the high court review DeCoster v. United States. The government has until Feb. 15 to respond the…
Workers’ Compensation Law Prof Blog
Employers which Fail to Insure under the Virginia Act are Liable in Tort, as in Other States — But Must The Injured Worker Plead and Prove Negligence?
As is the case under most workers' compensation acts, a Virginia employer which fails to insure is subject to being sued at common law. The Virginia employer is, in such suits,…
ContractsProf Blog
KCON XII Early Bird Deadline is TODAY (December 15)
By Mark Burge
(Reposted at the front of the blog for deadline day)From Danielle Hart via the AALS Contracts Listserv:The 12th International Conference on Contracts is just around the corner and the substantive content of the conference…
ContractsProf Blog
KCON XII Reminder: December 15 Registration and Hotel Deadline Approaching
By Mark Burge
From Danielle Hart via the AALS Contracts Listserv (NB: edited to fix hotel link on 12/9):The 12th International Conference on Contracts is just around the corner and the substantive content of the conference is starting…
Drug & Device Law
Pennsylvania Federal Court Uses Tincher to Find Claim for Strict Liability Manufacturing Defect in Medical Device Case
It’s been two years since we applauded the downfall of Azzarello in Pennsylvania. Two years since the Pennsylvania Supreme Court ruling in Tincher v. Omega Flex, Inc., 104 A.3d 328…
TortsProf Blog
Goldberg & Zipursky on Intermixture of Fault and Strict Liability
John Goldberg & Ben Zipursky have posted to SSRN The Strict Liability in Fault and the Fault in Strict Liability. The abstract provides:Tort scholars have long been obsessed with the…
Food Safety News
The food police are coming — liability and DOJ enforcement
By Tom Stenzel
The notion that “the food police are coming” motivated attendees at the United Fresh Produce Association’s Washington Conference earlier this month to attend a session featuring Jeffrey Steger, assistant director in the…