‘Justice Scalia’s Product Liability Legacy’

“Justice Antonin Scalia’s death has generated intense debate about his legacy and the future of the US Supreme Court. Scholars and practitioners alike remember Justice Scalia’s positions on social issues and his adherence to originalism and textualism. Justice Scalia’s legacy in the product liability context, however, shows a more nuanced jurist. His theories of constitutional and statutory interpretation did often lead to decisions in line with the corporate defendant’s position — on preemption, class action and arbitration. But the same principles resulted in pro-plaintiff dissents in the realm of punitive damages. We highlight these key opinions and their lasting influence on product liability law as our tribute to Justice Scalia …” (more)

[Lexology, 18 March]

First posted 2016-03-22 14:01:47

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