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.
Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.
United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on the Consumer
An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution - a fundamental set of principles that govern relations between human persons and between individual persons and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate safety of activities and products including drugs, medical devices, automobile design, and pesticides. Professor Shapo's analysis, into which he weaves the history of these systems of law, is then linked to the unique compensation plan devised for the victims of the September 11th attacks. Professor Shapo writes about how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution is a guide to the question of what it means to be an American. Setting aside easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.
A Primer on the Operations of the Law and the Legal System
Author: Marshall S. Shapo
Category: Medical laws and legislation
Cover -- Half Title -- Copyright Page -- Dedication -- Table of Contents -- Author -- Introduction -- Chapter 1: Different Cultures, Different Lenses -- 1.1 A Line of Clash: Falsifiability and Propositions That Cannot Be Falsified -- 1.2 Some Harmonizing Elements -- 1.3 Ideology and Neutrality -- Endnotes -- Chapter 2: Various Approaches to Risk in the Legal System -- 2.1 Effects of Law on Innovation -- 2.2 The Precautionary Principle -- Endnotes -- Chapter 3: Institutional Background -- 3.1 Constitutions -- 3.2 Legislation -- 3.3 Courts -- 3.4 The Process -- 3.4.1 Common Law: Judge-Made Law -- 3.4.2 Reasoning by Analogy -- 3.4.3 Precedent -- 3.5 Distinguishing Cases -- 3.6 Adversary Procedure -- 3.7 What Is "Truth" for Lawyers? -- 3.8 The Role of Experts -- Endnotes -- Chapter 4: Regulation -- 4.1 The Institutional Background -- 4.2 Examples of Regulatory Statutes -- 4.3 Rationales for Regulation -- 4.4 Some Background on Representative Statutes -- 4.5 Recurring Issues for Safety Regulation -- Endnotes -- Chapter 5: Tort Law Generally -- 5.1 Defining Tort -- 5.2 Rationales of Tort Law -- 5.3 Products Liability -- 5.3.1 Theories of Liability -- 5.3.2 The Concept of Defect -- 5.3.3 Damages -- Endnotes -- Chapter 6: Information about Risk and Assumption of Risk -- Endnotes -- Chapter 7: Medical Malocurrences -- 7.1 The Standard of Care -- 7.2 Proving Violations of the Standard -- 7.3 Expert Testimony -- 7.4 Medical Consent -- Endnotes -- Chapter 8: The Duty/Proximate Cause Problem -- Endnotes -- Chapter 9: Scientific Evidence -- Endnotes -- Chapter 10: Tort Reform -- 10.1 Rhetoric and Results -- 10.2 Types of Laws -- Endnotes -- Chapter 11: Statutory Compensation Systems -- 11.1 Workers' Compensation -- 11.2 Traffic Injuries -- 11.3 Medical Injuries -- 11.4 Terror -- 11.5 Oil on the Water -- 11.6 Broad Scale Compensation Systems -- Endnotes
United States. Congress. Senate. Committee on the Judiciary
Hearing Before the Committee on the Judiciary, United States Senate, One Hundred First Congress, Second Session, on S. 1400, a Bill to Regulate Interstate Commerce by Providing for a Uniform Product Liablity Law ... July 31, 1990
Author: United States. Congress. Senate. Committee on the Judiciary
Featuring both classic and modern dramatic cases, the third edition of Tort and Injury Law includes provocative problems and pithy topic outlines. The cases, selected for intrinsic interest and teachability, are interspersed with materials on law and economics, behavioral data, and legal philosophy. Shapo and Peltz constantly employ motifs that introduce basic techniques of judicial analysis and modes of judicial administration. They deftly convey the the human drama of courtroom trials by strategically weaving transcript excerpts throughout the text. The new edition contains focused presentation of modern controversies in law and policy, including: products liability; scientific proof; informed consent; and a stimulating collection of classic and contemporary materials on compensation plans, including the September 11th Victims' Compensation Fund.The section on duty and proximate cause, chock-full of interesting cases, presents a flexible framework for a variety of approaches to the topic. In addition, stimulating materials on medical malpractice appear in several sections of the book. Another highlight of the book is its materials on current problems in toxic torts, including issues of scientific proof. Tort and Injury Law presents many opportunities for selection to suit the preferences of a wide range of torts teachers. After building a backbone for the book out of fundamental concepts pivotal to the beginning lawyer, Shapo and Peltz weave threads of law and economics, moral philosophy, and feminist jurisprudence around that spine. The comprehensive teacher's manual contains up-to-date references for case law, scholarly articles and The Third Restatement. Besides providing professors with a variety of course-planning materials, the teacher's manual also contains a large number of exam problems.
United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee for Consumers
Hearings Before the Subcommittee on the Consumer of the Committee on Commerce, Science, and Transportation, United States Senate, Ninety-ninth Congress, First Session, S. 1999 ... February 27, March 11, 1986
Author: United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee for Consumers
Examines in detail the potentially debilitating or fatal risks associated with such chemical products as DES, nitrites, and recombinant DNA and labels government controls as being too tentative and ineffective