Shapo On The Law Of Products Liability

Author : Marshall S. Shapo
Publisher : Wolters Kluwer
Page : 3484 pages
File Size : 51,9 Mb
Release : 2012-10-22
Category : Law
ISBN : 9781454821472

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Shapo on the Law of Products Liability by Marshall S. Shapo Pdf

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.

Author : Marshall S. Shapo
Publisher : Unknown
Page : 128 pages
File Size : 49,7 Mb
Release : 2017
Category : Products liability
ISBN : 1786433710

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Shapo on the Law of Products Liability: Roles of sellers and providers by Marshall S. Shapo Pdf

An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject. Practically organized and clearly written, the treatise provides detailed descriptions of case law governing: what constitutes a product; a general definition of products, followed by an in-depth examination of various types of product defects; firms in the chain of distribution that can be liable for a product defect; who in the consumer chain can make a claim for damages; defenses involving consumer conduct; general principles of proof and causation applicable to this area of law; punitive damages; the procedural and remedial concepts that surround the substantive law. Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.--

Author : Marshall S. Shapo
Publisher : MICHIE
Page : 558 pages
File Size : 52,9 Mb
Release : 1994
Category : Actions and defenses
ISBN : STANFORD:36105060644098

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The Law of Products Liability by Marshall S. Shapo Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 1994
Category : Electronic
ISBN : OCLC:1124770586

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The Law of Products Liability by Anonim Pdf

Author : Marshall S. Shapo
Publisher : Unknown
Page : 240 pages
File Size : 47,6 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105060040511

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Products Liability and the Search for Justice by Marshall S. Shapo Pdf

"[A] wide-ranging exploration of the doctrine, theories, and policies underlying modern products liability law. It reviews many important cases in this area. Shapo assesses economic and empirical studies and reviews the recent scholarship -- and not so scholarly -- criticisms of products liability law. He also evaluates legislative and administrative proposals for reform... The book is clear, well written, and easy to read. The author clarifies difficult concepts without oversimplifying them." -- Trial

Author : David G. Owen,Jerry J. Phillips
Publisher : West Academic Publishing
Page : 580 pages
File Size : 48,6 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063697374

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Products Liability in a Nutshell by David G. Owen,Jerry J. Phillips Pdf

Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.

Author : Marshall S. Shapo
Publisher : West Academic Publishing
Page : 518 pages
File Size : 46,8 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063691591

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Principles of Tort Law by Marshall S. Shapo Pdf

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.

Author : Marshall S. Shapo
Publisher : Oxford University Press, USA
Page : 307 pages
File Size : 49,7 Mb
Release : 2012
Category : Law
ISBN : 9780199896363

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An Injury Law Constitution by Marshall S. Shapo Pdf

Author Marshall S. Shapo presents the argument that the body of law 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 among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept 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.

Author : Marshall S. Shapo
Publisher : Taylor & Francis
Page : 274 pages
File Size : 41,7 Mb
Release : 2018-04-17
Category : Medical
ISBN : 9781351054805

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Understanding the Law for Physicians, Healthcare Professionals, and Scientists by Marshall S. Shapo Pdf

Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.

Author : David G. Owen
Publisher : West Academic Publishing
Page : 0 pages
File Size : 40,6 Mb
Release : 2008
Category : Products liability
ISBN : 0314170855

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Products Liability Law by David G. Owen Pdf

This edition of Professor Owen's classic treatise refines and updates the first edition's acclaimed examination of products liability law and theory in action. Topics include introductory discussions of the nature and history of this field of law in America and abroad; detailed treatments of theories of liability, product defectiveness, causation, defenses, and proof; considerations of various special types of litigation; and punitive damages. Throughout, the treatise explores the underlying tensions and policies in this area of law and explains the impact of the Restatement of the Law of Torts, Third: Products Liability.

Author : Mark Geistfeld
Publisher : Unknown
Page : 304 pages
File Size : 44,5 Mb
Release : 2006
Category : Business & Economics
ISBN : STANFORD:36105063835297

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Principles of Products Liability by Mark Geistfeld Pdf

The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.

Author : Mark Geistfeld
Publisher : Aspen Publishing
Page : 800 pages
File Size : 46,9 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781543820676

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Products Liability Law by Mark Geistfeld Pdf

Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.

Author : Marshall Shapo
Publisher : Unknown
Page : 3404 pages
File Size : 46,7 Mb
Release : 2007-08
Category : Electronic
ISBN : 0808017632

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The Law of Products Liability by Marshall Shapo Pdf

Author : Tim Kaye
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2012
Category : Products liability
ISBN : 1594608423

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Products Liability Law by Tim Kaye Pdf

Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other, equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions. While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law: Cases, Commentary, and Conundra lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates. Supplementing the text with numerous original flowcharts, tables, and other diagrams--as well as asking thoughtful questions along the way--this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.

Author : Jane Stapleton
Publisher : Cambridge University Press
Page : 420 pages
File Size : 40,7 Mb
Release : 1994-02
Category : Law
ISBN : 0406035032

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Product Liability by Jane Stapleton Pdf

An erudite and provocative work, Stapleton: Product Liability will be of keen interest to students and teachers on courses in tort, product liability, consumer law, EC law and the philosophical foundations of the common law.