Although common law was imported from England, the law of products liability is entirely home-grown. Much of it has develop in response to perceived shortcomings and loopholes in the traditional common law, and some elements of American products liability law have now been exported back to England and to other overseas jurisdictions. Since its inception, the development of products liability law has tended to follow the traditional common law path of incremental change, based on both analogies with previous cases and judicial assessments as to what makes good policy. This means that much of the law in this area is still in flux, with the courts in different jurisdictions reaching different decisions as to whether a particular issue should be: —Considered a question of law or of fact —Determined in accordance with doctrines of contracts or torts —Determined, if within the law of torts, in accordance with the Second or Third Restatement of Torts —Treated as a matt…

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This compendium focuses on the law applicable to toxic exposure claims—i.e., claims of alleged harm caused to person or property by exposure to dangerous substances—across all fifty states and the District of Columbia. This a broad area of the law that is constantly evolving with advances in manufacturing, science, and technology, and can present unique statute of limitations issues. This book provides a valuable overview of the relevant claims and defenses in each state, and will be a useful resource for anyone involved in this type of litigation. Topics covered include: Negligence Strict liability Breach of warranty Statute of limitations Product identification requirements Standard for challenging expert testimony Asbestos litigation

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This volume provides current instructions on the most recent medical issues. It covers more than 200 medical issues including standards of care, childbirth, patient consent, pre-existing conditions, and allergies. Legal concepts and issues are presented in sample instructions using understandable terms.

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This updated volume explains the products liability issues likely to arise in a trial in everyday language for the layperson. Each instruction has actually been used successfully in court and cites supporting case law, including relevant law review articles and annotations to American Law Reports. Some concepts discussed include duty to warn, strict products liability, unavoidably unsafe products, warranty liability and misrepresentation, design defect liability, risk-utility doctrines, and assumption of risk.

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"Product liability litigation is a rapidly changing field that involves a complex body of law as well as the technical disciplines of medicine and engineering. Whether you represent the plaintiff or the defendant, THE PREPARATION OF A PRODUCT LIABILITY CASE offers you both substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence and planning litigation strategies." -pubisher's description

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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Product liability is an increasingly complex area that poses significant challenges to corporate risk managers, policy makers, business advisors, and even consumers. In the past decade, national headlines have highlighted the unprecedented number of liability claims and extensive social upheaval from products that pose serious unintended consequences for workers, consumers, and the environment. Given the potential financial losses from a potential product liability, the business stakes are high, especially in the global economy. Product Liability presents business and policy advisory perspectives regarding a number of important issues that emerge from current and ever-changing legal and global market conditions. This book helps the reader navigate the complex web of risks and opportunities and offers strategies that minimize product liability under a range of regulatory and legal regimes.

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Here's a unique first-stop research tool that describes all the latest product liability cases by type of case, so you can quickly find key cases and typical issues involving similar products.

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"On the front lines of product liability disputes, successful litigation planning begins with immediate access to the product liability laws of various jurisdictions--plus an understanding of the countless differences among them. That's exactly what you get with the thoroughly up-to-date and expanded edition of Product Liability Desk Reference, edited by Morton F. Daller." -publisher's description

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"This book provides an overview of products liability law, organizing and explaining the essential history, developments, policies, and tensions of this field of law succinctly yet comprehensively. An abridgment of Professor Owen’s acclaimed hornbook treatise, this short work examines classic and recent case and other developments in products liability law, including theories of liability; definitions and proof of product defects; standards for expert testimony; the assault on strict liability by the state-of-the-art doctrine; federal preemption and other defenses; and the Restatement of the Law of Torts, Third: Products Liability." -publisher's description

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This new edition of Owen's Products Liability Law refines and updates this classic study of products liability law in action.

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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This book is for the attorney who represents either a client who is a victim of a product-related accident or a manufacturer. Part I reviews the basics of product liability law, and how they relate to a potential lawsuit involving a fatality. Part II provides guidance to key federal agencies and their regulatory and nonregulatory programs responsible for preventing specific types of accidents. Part III provides strategies for pursuing or defending a case. Topics covered include: Assessing the case Responsible parties and jurisdiction Settling a fatal accident case Motor vehicle deaths Recreational aircraft and vessel deaths Food-related deaths Prescription drug-related deaths Medical device-related deaths Pesticide-related deaths Strategies for success

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This e-book takes a concise look at a “major areas of tort law typically included in Advanced Torts courses and casebooks.” Areas of its focus include wrongful death, defamation, negligence, common law defenses, and various economic torts.

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"This book, suitable as a primer for foreign LLMs — or as an introductory survey for American students of both procedural and substantive law — is a comprehensive, though concise, survey of the American legal system — its structure and its methodology." - publisher's description

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"This single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third) of Torts." -publisher's description

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"There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2020 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients." -publisher's description

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The authoritative classic guide to commercial law through the early 20th century.

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law.

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"These electronic flashcards present objective questions on legal topics covered in your law school courses. Helpful explanations accompany correct answers, providing a great way to test your knowledge in black letter law for class and exam preparation." - publisher's description

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The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in the standard torts course.

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?The guide addresses the FTCA's waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims and filing suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA's rules for damages and for financial matters, including attorneys' fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.

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At its most fundamental nature, the purpose of additional insured coverage is to protect the additional insured from claims of vicarious liability, that is, liability based entirely on the relationship between two insureds, as opposed to any active negligence on the part of the additional insured. The contours, exceptions, nuances and alternative approaches taken across the country and, internationally, have created the need for an all-inclusive lawyer resource. The Handbook on Additional Insureds serves as that resource by addressing all aspects practitioners are faced with when dealing with this complex coverage. Chapters include, but are not limited to: Definitions and Comparisons of Commonly Used Titles Common Provisions Hold Harmless and Indemnification Agreements Memorializing Status Development of Common Endorsements Subrogation and Anti-Subrogation Limits Issues

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Handle any kind of injury claim yourself and get a fair (and fast!) settlement with this plain-English guide. How to Win Your Personal Injury Claim guides you through the insurance claim process step-by-step.

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This volume provides current instructions on the most recent medical issues. It covers more than 200 medical issues including standards of care, childbirth, patient consent, pre-existing conditions, and allergies. Legal concepts and issues are presented in sample instructions using understandable terms.

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This updated volume explains the products liability issues likely to arise in a trial in everyday language for the layperson. Each instruction has actually been used successfully in court and cites supporting case law, including relevant law review articles and annotations to American Law Reports. Some concepts discussed include duty to warn, strict products liability, unavoidably unsafe products, warranty liability and misrepresentation, design defect liability, risk-utility doctrines, and assumption of risk.

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This e-book takes a broad look at foundational topics in the law, including the basic litigation process, constitutional law and rights, property law, tort law, and criminal law and procedure, and is an excellent beginner’s resource to understanding the basics of the legal system in the United States.

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"This definitive treatise explains available remedies across a wide range of public and private causes of action—from torts to intellectual property, contracts to fiduciary breaches, and civil rights to nuisance. Topics include compensatory damages for tangible and intangible harms, punitive damages, unjust enrichment and restitution, equitable remedies, and much more. This single-volume text unpacks major developments of the last twenty-five years for the law of remedies in the United States with citations to hundreds of cases, articles, and statutes. It incorporates key advancements from the Restatement (Third) of Restitution and Unjust Enrichment, the Restatement (Third) of Torts, and significant updates in the law of injunctions, punitive damages, and beyond." - publisher's description

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"Any lawyer who practices regularly in the federal courts will encounter the federal government as a party and will learn, as the Supreme Court warned nearly 60 years ago, that the United States is not “just another private litigant.” The federal government is a party, as plaintiff or defendant, to between one-fifth and one-quarter of all civil cases in the federal courts, including such special tribunals as the Court of Federal Claims and the Court of Appeals for Veterans Claims. The federal government (and its employees) may be protected by sovereign or official immunities, assert special defenses, and enjoy certain exceptions from liability. Federal government cases often involve issues central to the lives of many people, such as claims involving personal injury under the Federal Tort Claims Act; civilian and employee military claims under the Civil Service Reform Act and Tucker Act; governmental expropriation of property under the Tucker Act; and contractual obligations under the …

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"Mass Communication Law in a Nutshell satisfies the need for a basic text in communication law, not only for law students but for journalism and communication students as well. Highlights of the Eighth Edition of the popular book include a discussion of Hulk Hogan’s successful lawsuit against Gawker for public disclosure of private facts, the right to be forgotten (or “erased”) in Europe, and numerous social media issues, including cyberstalking, catfishing, trolling, doxing, swatting, posting threats on Facebook and access to President Trump’s tweets. Further highlights include the USA FREEDOM Act, the Supreme Court’s expansion of exemption 4 of FOIA, First Amendment limits on denials of trademark registration, the Broadcast Spectrum Auction, and the continuing battle over net neutrality." - publisher's description

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"Provides information about developments in the case law, proposed reforms, and best practice techniques of areas such as environmental, toxic torts, pharmaceutical, products liability litigation, antitrust and securities litigation and employment claims." - publisher's description

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"Mass torts" is an incredibly broad term that includes many disparate substantive areas—everything from an airplane accident that injures many individuals at once, to asbestos claims involving alleged exposure and injury over the course of many decades. This book aims to provide a useful guide that examines most phases of mass tort cases while appealing to attorneys of varying levels of experience in many different types of cases. The book begins with a brief history of mass tort litigation, followed by chapters that discuss various stages of individual cases: preliminary considerations such as jurisdiction and venue, theories of liability and defenses, and mechanisms courts use to manage mass tort cases, including class actions and multi-district litigation. There are also chapters addressing discovery, experts and settlement—all in the specialized context of mass torts. Finally, the book explores some issues that arise at least somewhat uniquely in mass tort litigation.

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"Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations." - publisher's description

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This book contains sample jury selection questions for 26 different types of civil and criminal cases covering more than 150 distinct topics, including: assault & battery, breach of contract, civil rights violations (1983), domestic violence, employment discrimination, fraud, homicide, medical malpractice, pain and suffering.

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Details how to conduct a personal injury case and the paralegal's role in it. Covers every type of injury case including medical malpractice, auto accidents, slip and fall, product liability and wrongful death. Contains practical tips on case organization and file maintenance. Packed with sample forms, checklists and pleadings to help organize a case efficiently.

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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"This book is written in a student-friendly style designed to facilitate learning and comprehension. In addition, the book is up-to-date and contains the latest decisions from the United States Supreme Court and the lower federal and state courts." - publisher's description

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"This edition provides a wealth of new material drawn from summaries of and quotations from scholarly books and articles and case law. The subjects of this new material are rich in their range of topics. They include: The “precautionary principle”; Summaries on tort rationales that range from references to Kantian philosophy and a riff on Harry Potter; The relation of tort law to public law; Varied materials on consent; The duty question, including a summary of a recent Supreme Court case and scholarship in the area; Material on privacy ranging from Prosser’s classification system to LGBT plaintiffs; The roles of race and gender in calculations of damages; A criticism of “tort reform” efforts; Case law on the “baseball rule” with respect to spectator injuries.; Matters of topical ‘headline” interest include smartphones as distractions and certain aspects of publication of photos on the Internet.; Celebrities mentioned in items under different categories are Joan Rivers, Jesse Ventura, …

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Use Professional Liability to Third Parties, Third Edition to learn alternative methods that can be used to argue for or against third party liability issues. Lawyers, accountants, architects, and other professionals can be held liable to third parties, i.e., non-clients who rely on their expertise or claims from those who suffer injury if they perform negligently. Distinguished Professor of Law at Rutgers University, author Jay M. Feinman, aims to help both lawyers who analyze and argue third party cases and the judges who decide them. This book surveys the law and provides insight on economic loss, contract and tort law, and legal argument. Topics include: • Privity and near privity • Third party beneficiary law • Negligence • Misrepresentation

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The book surveys the law regarding claims and defenses that commonly arise in a client fraud scenario. It focuses on identifying some of the most promising defenses and other strategies to help professional firms minimize the fallout from such events. Each of the chapters is devoted to claims against professionals of a discrete type or from a distinct source.

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"Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. " -publisher's description

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This comprehensive reference guide provides an overview of remedies.

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"This Nutshell explores the basic rules which inform legal and equitable remedies, restitution at law and equity, declaratory relief, jury trial, and attorneys’ fees. Additionally, the Nutshell examines the principal defenses and limitations on those remedies and the means by which equitable orders are enforced, such as through civil and criminal contempt. The discussion of equitable remedies includes both temporary restraining orders and permanent injunctions, along with specific performance of contractual obligations. Coverage includes the nature and measurement of compensatory damages for breach of contract, harm to real and personal property, and personal injuries. Further, the Nutshell discusses entitlement and measurement of punitive damages and the substantive and procedural constitutional due process limitations on those awards. Modern developments in the law are addressed, such as recent jurisprudence involving nationwide or universal injunctions and the limits on recovery for…

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In this concise book Professor Schechter, an award-winning teacher and prominent national bar lecturer has balanced brevity and humor with a clear, crisp and thorough review of basic Torts doctrine.

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"This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Sixth Edition continues to update the material with a focus on important recent legal developments." - publisher's description

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Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state.

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"Designed as a "teacher's book," this book contains thought-provoking problems designed to stimulate interesting classroom discussion that can be carried throughout each substantive chapter." - publisher's description

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"A clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes tort law origins and objectives; causation; strict liability; negligence liability and defenses; intentional tort liability and defenses; special liability rules (premises liability, products liability, employers, etc.); damages; tort and contract; immunities; wrongful death and survival; defamation; privacy; misrepresentation." -publisher's description

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Trying a toxic tort case is very different from other high-stakes litigation. Cases are complex, involving large numbers of plaintiffs and defendants with multiple lawsuits brought in more than one jurisdiction, and can entail difficulties in identifying the source of the claimed harm. Toxic tort cases require innovative complex litigation procedures and heavily rely on establishing scientific concepts to resolve causation issues. Now completely updated and revised, the second edition of Toxic Tort Litigation is a practice-focused guide that explores the specific and often unique elements that distinguish this type of litigation. In part 1, chapters explain the differing theories of liability and damages within the toxic tort context, as well as the key procedural and substantive defenses to toxic tort claims. Others cover the important aspects of scientific and medical evidence and causation, including dealing with the opinions of experts in the context of Daubert or Frye challenges.…

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"This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers’ compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and hydraulic fracturing." -publisher's description

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Consists of chapters 1-4. See Part 2 for chapters 5-11.

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Consists of chapters 5-11. See Part 1 for chapters 1-4.

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?The guide addresses the FTCA's waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims and filing suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA's rules for damages and for financial matters, including attorneys' fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.

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In this concise book Professor Schechter, an award-winning teacher and prominent national bar lecturer has balanced brevity and humor with a clear, crisp and thorough review of basic Torts doctrine.

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Although common law was imported from England, the law of products liability is entirely home-grown. Much of it has develop in response to perceived shortcomings and loopholes in the traditional common law, and some elements of American products liability law have now been exported back to England and to other overseas jurisdictions. Since its inception, the development of products liability law has tended to follow the traditional common law path of incremental change, based on both analogies with previous cases and judicial assessments as to what makes good policy. This means that much of the law in this area is still in flux, with the courts in different jurisdictions reaching different decisions as to whether a particular issue should be: —Considered a question of law or of fact —Determined in accordance with doctrines of contracts or torts —Determined, if within the law of torts, in accordance with the Second or Third Restatement of Torts —Treated as a matt…

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This e-book takes a concise look at a “major areas of tort law typically included in Advanced Torts courses and casebooks.” Areas of its focus include wrongful death, defamation, negligence, common law defenses, and various economic torts.

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"This book, suitable as a primer for foreign LLMs — or as an introductory survey for American students of both procedural and substantive law — is a comprehensive, though concise, survey of the American legal system — its structure and its methodology." - publisher's description

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"There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2020 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients." -publisher's description

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The authoritative classic guide to commercial law through the early 20th century.

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law.

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This compendium focuses on the law applicable to toxic exposure claims—i.e., claims of alleged harm caused to person or property by exposure to dangerous substances—across all fifty states and the District of Columbia. This a broad area of the law that is constantly evolving with advances in manufacturing, science, and technology, and can present unique statute of limitations issues. This book provides a valuable overview of the relevant claims and defenses in each state, and will be a useful resource for anyone involved in this type of litigation. Topics covered include: Negligence Strict liability Breach of warranty Statute of limitations Product identification requirements Standard for challenging expert testimony Asbestos litigation

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"These electronic flashcards present objective questions on legal topics covered in your law school courses. Helpful explanations accompany correct answers, providing a great way to test your knowledge in black letter law for class and exam preparation." - publisher's description

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Consists of chapters 1-4. See Part 2 for chapters 5-11.

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Consists of chapters 5-11. See Part 1 for chapters 1-4.

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"This single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third) of Torts." -publisher's description

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Handle any kind of injury claim yourself and get a fair (and fast!) settlement with this plain-English guide. How to Win Your Personal Injury Claim guides you through the insurance claim process step-by-step.

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This volume provides current instructions on the most recent medical issues. It covers more than 200 medical issues including standards of care, childbirth, patient consent, pre-existing conditions, and allergies. Legal concepts and issues are presented in sample instructions using understandable terms.

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This updated volume explains the products liability issues likely to arise in a trial in everyday language for the layperson. Each instruction has actually been used successfully in court and cites supporting case law, including relevant law review articles and annotations to American Law Reports. Some concepts discussed include duty to warn, strict products liability, unavoidably unsafe products, warranty liability and misrepresentation, design defect liability, risk-utility doctrines, and assumption of risk.

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This e-book takes a broad look at foundational topics in the law, including the basic litigation process, constitutional law and rights, property law, tort law, and criminal law and procedure, and is an excellent beginner’s resource to understanding the basics of the legal system in the United States.

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"This definitive treatise explains available remedies across a wide range of public and private causes of action—from torts to intellectual property, contracts to fiduciary breaches, and civil rights to nuisance. Topics include compensatory damages for tangible and intangible harms, punitive damages, unjust enrichment and restitution, equitable remedies, and much more. This single-volume text unpacks major developments of the last twenty-five years for the law of remedies in the United States with citations to hundreds of cases, articles, and statutes. It incorporates key advancements from the Restatement (Third) of Restitution and Unjust Enrichment, the Restatement (Third) of Torts, and significant updates in the law of injunctions, punitive damages, and beyond." - publisher's description

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"Any lawyer who practices regularly in the federal courts will encounter the federal government as a party and will learn, as the Supreme Court warned nearly 60 years ago, that the United States is not “just another private litigant.” The federal government is a party, as plaintiff or defendant, to between one-fifth and one-quarter of all civil cases in the federal courts, including such special tribunals as the Court of Federal Claims and the Court of Appeals for Veterans Claims. The federal government (and its employees) may be protected by sovereign or official immunities, assert special defenses, and enjoy certain exceptions from liability. Federal government cases often involve issues central to the lives of many people, such as claims involving personal injury under the Federal Tort Claims Act; civilian and employee military claims under the Civil Service Reform Act and Tucker Act; governmental expropriation of property under the Tucker Act; and contractual obligations under the …

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"Mass Communication Law in a Nutshell satisfies the need for a basic text in communication law, not only for law students but for journalism and communication students as well. Highlights of the Eighth Edition of the popular book include a discussion of Hulk Hogan’s successful lawsuit against Gawker for public disclosure of private facts, the right to be forgotten (or “erased”) in Europe, and numerous social media issues, including cyberstalking, catfishing, trolling, doxing, swatting, posting threats on Facebook and access to President Trump’s tweets. Further highlights include the USA FREEDOM Act, the Supreme Court’s expansion of exemption 4 of FOIA, First Amendment limits on denials of trademark registration, the Broadcast Spectrum Auction, and the continuing battle over net neutrality." - publisher's description

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"Provides information about developments in the case law, proposed reforms, and best practice techniques of areas such as environmental, toxic torts, pharmaceutical, products liability litigation, antitrust and securities litigation and employment claims." - publisher's description

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"Mass torts" is an incredibly broad term that includes many disparate substantive areas—everything from an airplane accident that injures many individuals at once, to asbestos claims involving alleged exposure and injury over the course of many decades. This book aims to provide a useful guide that examines most phases of mass tort cases while appealing to attorneys of varying levels of experience in many different types of cases. The book begins with a brief history of mass tort litigation, followed by chapters that discuss various stages of individual cases: preliminary considerations such as jurisdiction and venue, theories of liability and defenses, and mechanisms courts use to manage mass tort cases, including class actions and multi-district litigation. There are also chapters addressing discovery, experts and settlement—all in the specialized context of mass torts. Finally, the book explores some issues that arise at least somewhat uniquely in mass tort litigation.

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"Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations." - publisher's description

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This book contains sample jury selection questions for 26 different types of civil and criminal cases covering more than 150 distinct topics, including: assault & battery, breach of contract, civil rights violations (1983), domestic violence, employment discrimination, fraud, homicide, medical malpractice, pain and suffering.

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Details how to conduct a personal injury case and the paralegal's role in it. Covers every type of injury case including medical malpractice, auto accidents, slip and fall, product liability and wrongful death. Contains practical tips on case organization and file maintenance. Packed with sample forms, checklists and pleadings to help organize a case efficiently.

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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"This book is written in a student-friendly style designed to facilitate learning and comprehension. In addition, the book is up-to-date and contains the latest decisions from the United States Supreme Court and the lower federal and state courts." - publisher's description

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"This edition provides a wealth of new material drawn from summaries of and quotations from scholarly books and articles and case law. The subjects of this new material are rich in their range of topics. They include: The “precautionary principle”; Summaries on tort rationales that range from references to Kantian philosophy and a riff on Harry Potter; The relation of tort law to public law; Varied materials on consent; The duty question, including a summary of a recent Supreme Court case and scholarship in the area; Material on privacy ranging from Prosser’s classification system to LGBT plaintiffs; The roles of race and gender in calculations of damages; A criticism of “tort reform” efforts; Case law on the “baseball rule” with respect to spectator injuries.; Matters of topical ‘headline” interest include smartphones as distractions and certain aspects of publication of photos on the Internet.; Celebrities mentioned in items under different categories are Joan Rivers, Jesse Ventura, …

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Product liability is an increasingly complex area that poses significant challenges to corporate risk managers, policy makers, business advisors, and even consumers. In the past decade, national headlines have highlighted the unprecedented number of liability claims and extensive social upheaval from products that pose serious unintended consequences for workers, consumers, and the environment. Given the potential financial losses from a potential product liability, the business stakes are high, especially in the global economy. Product Liability presents business and policy advisory perspectives regarding a number of important issues that emerge from current and ever-changing legal and global market conditions. This book helps the reader navigate the complex web of risks and opportunities and offers strategies that minimize product liability under a range of regulatory and legal regimes.

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Here's a unique first-stop research tool that describes all the latest product liability cases by type of case, so you can quickly find key cases and typical issues involving similar products.

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"On the front lines of product liability disputes, successful litigation planning begins with immediate access to the product liability laws of various jurisdictions--plus an understanding of the countless differences among them. That's exactly what you get with the thoroughly up-to-date and expanded edition of Product Liability Desk Reference, edited by Morton F. Daller." -publisher's description

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"This book provides an overview of products liability law, organizing and explaining the essential history, developments, policies, and tensions of this field of law succinctly yet comprehensively. An abridgment of Professor Owen’s acclaimed hornbook treatise, this short work examines classic and recent case and other developments in products liability law, including theories of liability; definitions and proof of product defects; standards for expert testimony; the assault on strict liability by the state-of-the-art doctrine; federal preemption and other defenses; and the Restatement of the Law of Torts, Third: Products Liability." -publisher's description

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This new edition of Owen's Products Liability Law refines and updates this classic study of products liability law in action.

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Use Professional Liability to Third Parties, Third Edition to learn alternative methods that can be used to argue for or against third party liability issues. Lawyers, accountants, architects, and other professionals can be held liable to third parties, i.e., non-clients who rely on their expertise or claims from those who suffer injury if they perform negligently. Distinguished Professor of Law at Rutgers University, author Jay M. Feinman, aims to help both lawyers who analyze and argue third party cases and the judges who decide them. This book surveys the law and provides insight on economic loss, contract and tort law, and legal argument. Topics include: • Privity and near privity • Third party beneficiary law • Negligence • Misrepresentation

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The book surveys the law regarding claims and defenses that commonly arise in a client fraud scenario. It focuses on identifying some of the most promising defenses and other strategies to help professional firms minimize the fallout from such events. Each of the chapters is devoted to claims against professionals of a discrete type or from a distinct source.

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"Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. " -publisher's description

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This comprehensive reference guide provides an overview of remedies.

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"This Nutshell explores the basic rules which inform legal and equitable remedies, restitution at law and equity, declaratory relief, jury trial, and attorneys’ fees. Additionally, the Nutshell examines the principal defenses and limitations on those remedies and the means by which equitable orders are enforced, such as through civil and criminal contempt. The discussion of equitable remedies includes both temporary restraining orders and permanent injunctions, along with specific performance of contractual obligations. Coverage includes the nature and measurement of compensatory damages for breach of contract, harm to real and personal property, and personal injuries. Further, the Nutshell discusses entitlement and measurement of punitive damages and the substantive and procedural constitutional due process limitations on those awards. Modern developments in the law are addressed, such as recent jurisprudence involving nationwide or universal injunctions and the limits on recovery for…

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"This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Sixth Edition continues to update the material with a focus on important recent legal developments." - publisher's description

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The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in the standard torts course.

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At its most fundamental nature, the purpose of additional insured coverage is to protect the additional insured from claims of vicarious liability, that is, liability based entirely on the relationship between two insureds, as opposed to any active negligence on the part of the additional insured. The contours, exceptions, nuances and alternative approaches taken across the country and, internationally, have created the need for an all-inclusive lawyer resource. The Handbook on Additional Insureds serves as that resource by addressing all aspects practitioners are faced with when dealing with this complex coverage. Chapters include, but are not limited to: Definitions and Comparisons of Commonly Used Titles Common Provisions Hold Harmless and Indemnification Agreements Memorializing Status Development of Common Endorsements Subrogation and Anti-Subrogation Limits Issues

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"Product liability litigation is a rapidly changing field that involves a complex body of law as well as the technical disciplines of medicine and engineering. Whether you represent the plaintiff or the defendant, THE PREPARATION OF A PRODUCT LIABILITY CASE offers you both substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence and planning litigation strategies." -pubisher's description

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Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state.

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"Designed as a "teacher's book," this book contains thought-provoking problems designed to stimulate interesting classroom discussion that can be carried throughout each substantive chapter." - publisher's description

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"A clear, concise, current, and authoritative explanation of all of the most important U.S. tort law doctrines, including those covered in first-year torts courses in law schools. Coverage includes tort law origins and objectives; causation; strict liability; negligence liability and defenses; intentional tort liability and defenses; special liability rules (premises liability, products liability, employers, etc.); damages; tort and contract; immunities; wrongful death and survival; defamation; privacy; misrepresentation." -publisher's description

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Trying a toxic tort case is very different from other high-stakes litigation. Cases are complex, involving large numbers of plaintiffs and defendants with multiple lawsuits brought in more than one jurisdiction, and can entail difficulties in identifying the source of the claimed harm. Toxic tort cases require innovative complex litigation procedures and heavily rely on establishing scientific concepts to resolve causation issues. Now completely updated and revised, the second edition of Toxic Tort Litigation is a practice-focused guide that explores the specific and often unique elements that distinguish this type of litigation. In part 1, chapters explain the differing theories of liability and damages within the toxic tort context, as well as the key procedural and substantive defenses to toxic tort claims. Others cover the important aspects of scientific and medical evidence and causation, including dealing with the opinions of experts in the context of Daubert or Frye challenges.…

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"This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers’ compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and hydraulic fracturing." -publisher's description

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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This book is for the attorney who represents either a client who is a victim of a product-related accident or a manufacturer. Part I reviews the basics of product liability law, and how they relate to a potential lawsuit involving a fatality. Part II provides guidance to key federal agencies and their regulatory and nonregulatory programs responsible for preventing specific types of accidents. Part III provides strategies for pursuing or defending a case. Topics covered include: Assessing the case Responsible parties and jurisdiction Settling a fatal accident case Motor vehicle deaths Recreational aircraft and vessel deaths Food-related deaths Prescription drug-related deaths Medical device-related deaths Pesticide-related deaths Strategies for success

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