The Review of Litigation

The Review of Litigation is a magazine focusing on Law

Articles from Vol. 26, No. 4, 2007

Has the Fat Lady Sung? the Future of Mass Toxic Torts
I. INTRODUCTIONFor the last twenty years, mass toxic tort litigation has dominated academic, judicial, and public policy debate over product liability litigation. Scholars chronicled the civil justice system's response to mass litigation arising out...
Liability for Drugs in the U.S. and EU: Rhetoric and Reality
I. INTRODUCTIONThe U.S. experience with the special products liability rule stated in section 402 A of the 1965 second Restatement of Torts over the past 40 years has profound significance for the corresponding products rule that is now in place throughout...
Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement
In the spring of 1997, the American Law Institute approved the Restatement of the Law Third, Torts: Products Liability-a comprehensive work addressing the "liability of commercial product sellers and distributors for harm caused by their products."1...
Punctuated Equilibrium: Why Section 402A Flourished and the Third Restatement Languished
I. INTRODUCTIONWhen in 1964 the ALI in section 402A enunciated its rule of strict products liability, it swept the country like a prairie fire or, some thought, locusts. When in 1998 the Restatement (Third) of Torts: Products Liability ("Third Restatement")...
The Bulk Supplier, Sophisticated User, and Learned Intermediary Doctrines since the Adoption of the Restatement (Third) of Torts
I. INTRODUCTIONThe approaching tenth anniversary of the Restatement (Third) of Torts: Products Liability warrants reflection on its impact on developments in case law. Due to the considerable breadth of the Third Restatement, which embraces the entire...
The Evolution of Products Liability Law
I. introductionOn the tenth anniversary of the Restatement (Third) of Torts: Products Liability,1 it is fitting to observe from whence the law of products liability has come and to look a bit at where it presently resides. Truly modern products liability...
The Principles of Product Liability*
I. INTRODUCTIONMore than any other area of tort law, the law of product liability has been the subject of continuing debate regarding the interrelated issues of its proper rationales and grounds of liability. Although the seeds of the debate go back...
Warning: You May Possess Continuing Duties after the Sale of Your Product! (an Evaluation of the Restatement (Third) of Torts: Products Liability's Treatment of Post-Sale Duties)
I. introductionThe American Law Institute first recognized "privity-free strict liability for sellers of products" in 1964 when it adopted section 402 A of the Second Restatement of Torts.1 At the time of the Second Restatement, products liability was...