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Pages in category "Product liability case law" The following 18 pages are in this category, out of 18 total. This list may not reflect recent changes. A.
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
For example, since 1968, it has been a crime for a French company to produce commercial information in foreign legal proceedings without express authorization from a French court, and in turn, this has been raised as a defense to discovery by French defendants in American product liability cases.
The Liebeck case became a flashpoint in the debate in the United States over tort reform. It was cited by some as an example of frivolous litigation; [5] ABC News called the case "the poster child of excessive lawsuits", [6] while the legal scholar Jonathan Turley argued that the claim was "a meaningful and worthy lawsuit". [7]
Yuba Power Products, 59 Cal. 2d 57 (1963), in which the Court at last adopted the rule he had suggested 19 years earlier. In Greenman, Traynor wrote: "We need not recanvass the reasons for imposing strict liability on the manufacturer. They have been fully articulated in the cases cited." Of course, among those cases was his own concurrence in ...
In the earlier precedent, duty had been imposed on defendants by voluntary contract via privity as in an English case, Winterbottom v. Wright. [4] which is the precursor rule for product liability. The portion of the MacPherson opinion in which Cardozo demolished the privity bar to recovery is as follows:
The jury award was the largest ever in US product liability and personal injury cases. [ 3 ] [ 4 ] [ 5 ] The jury award was the largest against an automaker until a $150 million verdict in a 1996 case, Hardy vs. General Motors .
Product liability case law (18 P) Pages in category "Product liability" The following 29 pages are in this category, out of 29 total. This list may not reflect recent ...