Liability: The Legal Revolution and Its Consequences

By Peter W. Huber | Go to book overview

INDEX
A.H. Robins, 128, 131; Dalkon Shield cases, 9, 42, 50, 103-4, 108, 128-29, 131, 162
Abortion, right to, 228
Accident insurance, see Insurance
Accidents: shift from consent to coercion in law of, 5-10, 220-32; unintentional, 5
Adhesion, contracts of, 27-32, 204
Agent Orange case, 62, 70, 75, 82, 111-12
AIDS, 230; employment of people with, 177-78
Aircraft technology, 161
Airplane crash cases, 193-94
Albertson, Ray, State Farm Mutual Automobile Ins. Co. v. Partridge, 143
Alcohol-related accidents, 76
Alternative liability, 80-81
American Bar Association, 128
American Motorcycle Association (AMA), case against, 80
Ames, Bruce, 65
Annoyance, environmental tort as, 63
Antidiscrimination cases, 179
Asbestos cases, 9, 68, 70, 75, 110, 127-28, 163
Asbestos companies, liability avoidance by, 175-76
Athletes, Washington state insurance program for high school, 194-95
Auto maker liability, car crashworthiness theory of, 7, 42, 44, 129, 174; see also specific auto makers
Awards: caps on, 202-3; in environmental cases, 110-11; size of, 10; see also Compensation, Punitive damages
Bankruptcy, punitive damages and, 131
Barker v. Lull Engineering Co., 106-7
Bendectin cases, 102, 110, 112, 162, 209
Birth defects: avoidance of, 177; neocontractual insurance against, 197; suits over causes of, 101-3; see also Bendectin cases, Obstetrician-gynecologists
Bloomfield Motor Company, case against, 28, 73
Bolko Athletic Company, judgment against, 39
Bonsignore, Blase, 130
Boston, Massachusetts, lack of liability insurance in, 138-39
Brown, Texas & Pac, R. Co. v., 34
Buick Motor Company, case against, 74
Burden of proof, shifting the, 106-9
Bystander distress claims, 125
Calabresi, Guido, 6, 114
California Supreme Court, 132; on alternative liability, 80-81; on deep-pocket liability, 80; on DES daughters case, 81; on direct suits against insurers, 147; on express disclaimers, 31; on insurance contracts, 143; on safety improvements, 159; on strict liability, 37; on zone-of-danger rule, 124-25
Campbell v. Animal Quarantine Station, 125
Cancer, traumatically induced, 98-99, 112- 13
Capronor (contraceptive), 155
Caps on awards, 202-3
Car crashworthiness, 7, 42, 44, 129, 174; Ford Pinto cases, 42, 50, 115-16, 128
Cardozo, Benjamin: MacPherson decision, 35, 74; on negligence of public standards, 47;
Palsgraf decision, 72
Carson, Rachel, 65
Cause and effect, 100-105, 113-14; claims of, 137; confusing temporal coincidence with, 103
Caveat emptor, rule of, 23
Cesarean sections, frequency of, 175
Challenger (space shuttle), 128
Cheapest cost avoider, 154
Chemical abortifacient, 228
Chemical exposure, litigation over toxic, 65-70
Chevron, inadequate warning case against, 55
Chubb Insurance Corporation, 138
Church, suits against the, 77, 183
Churchill, Winston, 152
Cigarette cases, 60
Cities, see Municipalities

-253-

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Liability: The Legal Revolution and Its Consequences
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • Acknowledgments x
  • 1 - Uncommon Law 3
  • 2 - The Death of Contract 19
  • 3 - Search for New Rules 33
  • 4 - Knowledge of the Law is No Excuse 45
  • 5 - The New Town Meeting 62
  • 6 - Resetting the Clock 84
  • 7 - Sentence Without Verdict 98
  • 8 - Pain and Punishment 115
  • 9 - Insurance in Retreat 133
  • 10 - What is Deterred? 153
  • 11 - Rights in Collision 172
  • 12 - Compassion by Consent 190
  • 13 - Choosing Safety 207
  • 14 - Consent and Coercion 220
  • Notes 233
  • Index 253
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