Product Liability

Front Cover
Law Journal Press, 1984 - 1278 pages
"An excellent comprehensive guide for the products liability practitioner ... a must for every litigator's law library."
--Richard J. Phelan, Past President of the Cook County Board of Commissioners, Chicago

Product Liability analyzes both the theory and practice of products liability litigation, whether the issue is asbestos, automobiles, food, drugs, chemicals, household products, or any of the hundreds of other products that may be the subject of litigation.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense. Product Liability also discusses pretrial and trial practice, including developing strategies for the trial or settlement of a case, class actions, jury selection, the opening statement, direct and cross-examination of witnesses, documentary and demonstrative evidence, summation, and jury instructions.

Book ɋ looseleaf, one volume, 1,316 pages; published in 1984, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-026-5

 

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Contents

5 Successor Corporations 222
25
172
2-17
7 The Providers of Services 228 2
2-28
8 Hybrid SaleService Transactions 228 4
2-28
9 Occasional Seller 228 7
31
12 Insurance Companies 229
2-29
15 Brokers 230
2-30
19 Physicians and Other Medical Care Providers 231
2-31
1 Policies Recognized by the Courts 114 1
9-1
Persons Liable for Failure to Warn
9-3
a The Total Offset Approach 1158
9-11
b Witness Selection 165
9-16
4 Unduly Prejudicial
9-48
Indemnification Contribution
10-1
2 Product Seller in Chain of Distribution
10-2
02
10-6

20 Hospitals 232
2-32
22 Hotels 233
2-33
23 Directors and Officers 234
2-34
03 Persons Who May Sue 234 1
2-34
1 Employees Employers and the Manufacturer 234 2
2-34
b Employer 236
2-36
2 Wrongful Death 237
2-37
04 The Product 238
2-39
2 Real Estate 239
2-40
3 Highways 242
2-42
5 Electricity 245
2-2
9 Raw Materials 246 3
2-3
03
2-7
RiskBenefit Test 246 18
2-7
e New Jersey and the Rise and Fall
2-7
f The Pennsylvania Guarantor
16
h The Louisiana Tests 山口 254
16
CHAPTER 16
16
CHAPTER 1
4-1
10 Unavoidably Unsafe Products 246 3
4-2
Test 127
4-12
04
4-29
05
4-39
06
4-68
Strict Liability Compared
4-60
Until the midnineteenth century the principal bar to recovery
5-8
3 Pacemakers
3
Remedy 514
5-15
7 Notice 521
5-21
03
5-22
12 Persons Liable 525
5-25
persons injured by products was the requirement of privity which
5-28
1 Knew or Should Have Known
6-1
11 Polygraphs 246 3
6-2
6 Dalkon Shield
6-6
CHAPTER 7
7-1
4 Causation
7-4
7
7-15
CHAPTER 8
8-1
10
8-2
3 Inflation and Reduction to Present
8-3
8 Other Prescription Drugs
8-8
12 Formaldehyde Methanol Phenol
8-12
i Consumer Expectation
8-72
08
8-78
13 Agent Orange
8-80
7 Manufacturer of Product versus
10-7
14 Asbestos
10-14
CHAPTER 11
11-1
3 The EmployerPurchaser
11-3
15 Norplant
11-15
Damage Awards 1196 1
11-56
Defective Property 1167
11-65
c Recovery for Consequential
11-74
Awards 1192
11-16
v The Public Pays for Punitive
11-21
d Substantive Defenses 1198 1
11-27
1 Knowledgeable User Exception
12-1
CHAPTER 2
12-2
CHAPTER 4
12-4
3 The Manufacturing Process 1210
12-10
Duty to Warn
12-12
5 PostSale Phase 1216
12-16
17 Tampons
12-17
CHAPTER 13
13-1
E The Attack on
13-3
Facts 1330
13-13
i Plaintiffs Case 1428
13-14
18 Diet Drugs
13-18
4 Impeaching the Expert 1324 15
13-24
Knowledge of
13-30
1354
13-54
CHAPTER 14
14-1
ii Manufacturers Case 1429
14-2
19 Automobiles
14-19
8 Motions 1444
14-44
CHAPTER 15
15-1
23 Gasoline
15-23
3 Other Third Parties
16-5
CrossExamination 1326
16-13
2 CrossExamination of Experts 1625
16-25
7 Use of Exhibits 1631
16-31
The Product and the Duty to Warn
17-1
3 Low Risk Products
18-3
d Management Commitment
18-12
Federal Legislation
1
4 Obviously Dangerous Products
4
State Product Liability Statutes A11
11
Index
1-1
04
1-9
06
1-15
Copyright

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About the author (1984)

John S. Allee

Mr. Allee is a retired partner of the New York office of Hughes Hubbard & Reed LLP.



Robb W. Patryk

Mr. Patryk is a partner at Hughes Hubbard & Reed LLP in New York.



Theodore V.H. Mayer

Mr. Mayer is a partner at Hughes Hubbard & Reed LLP in New York.

Bibliographic information