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Accordingly, the Supreme Court's decision in Greenman v Yuba Power Products was applied to the later case of Cronin v JBE Olson Corp., which further extended the definition of a defective product with respect to negligence to include design defects of a product as well, thereby increasing the burden on manufacturers in product liability cases. [14]
The Court held, on a 6–3 vote, in favor of Consumers Union, the publisher of Consumer Reports magazine, ruling that proof of "actual malice" was necessary in product disparagement cases raising First Amendment issues, as set out by the case of New York Times Co. v. Sullivan (1964). The Court ruled that the First Circuit Court of Appeals had ...
The overwhelming majority of countries have strongly preferred to address product liability through legislative means. [2] In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. [2]
Pound took no part in the consideration or decision of the case. Buick Motor Co. , 217 N.Y. 382, 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions.
The Liebeck case trial took place from August 8 to 17, 1994, before New Mexico District Court Judge Robert H. Scott. [20] During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180–190 °F (82–88 °C). Liebeck's attorneys argued that coffee should never be served hotter than 140 °F (60 °C ...
Magnuson–Moss Warranty Act; Long title: An Act to provide disclosure standards for written consumer product warranties against defect or malfunction; to define Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; An Act to provide minimum disclosure standards for written consumer product warranties ...
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 .
Argument: Oral argument: Case history; Prior: 697 F.3d 387 (6th Cir. 2012); cert. granted, 569 U.S. 1017 (2013).: Holding; Judgment AFFIRMED. Static Control's alleged injuries—lost sales and damage to its business reputation—fall within the zone of interests protected by the Lanham Act, and Static Control sufficiently alleged that its injuries were proximately caused by Lexmark's ...