Category Archives: Products liability
Cowart and Bock, ‘Tort Immunity Waiver for Vaccine Injuries: Ethical and Legal Perspectives’
ABSTRACT The COVID pandemic highlighted the importance of vaccine development and availability worldwide. Operation Warp-Speed in the United States accelerated vaccine production by several major pharmaceutical manufacturers, averting some of the normal administrative processes. The result has been a financial windfall for those companies. Some recent data has shown that the COVID vaccine can cause […]
‘European Union Product Liability Law and its (Uncertain) Future – Some Thoughts on LF v Sanofi Pasteur case’
It is difficult to overstate the importance of the forthcoming judgment of the European Court of Justice (ECJ) in LF v Sanofi Pasteur. The judgment, if it follows the recent opinion of ECJ’s Advocate General (AG) Medina, is likely to create a major shift in the system of liability established by the EU’s Product Liability […]
Luke Meier, ‘Failure-to-Warn Suits Against Pharmaceutical Companies: Physician Testimony, Causation, and Summary Judgment’
ABSTRACT It is hard to win a tort suit against a pharmaceutical company. The theory that a drug or medical device has been incorrectly designed is often foreclosed under existing law. A plaintiff pursuing a tort suit based on a warning theory might have her claim preempted by federal law. Even if a plaintiff can […]
Akwii, Broad Leib, Shapiro and Paparo, ‘Promoting Food Donation: Liability Protection Law and Policy’
ABSTRACT Excessive food loss and waste (FLW) is a pressing challenge facing global food systems. FLW occurs at every stage of the supply chain and generates significant social, environmental, and economic costs. International estimates predict that more than one-third – or 1.3 billion tons – of food produced is lost or wasted along the supply […]
Mark Geistfeld, ‘Product Liability Law in the Age of AI’
ABSTRACT Although the title to this book has changed, this edition continues the developmental path staked out in the prior two editions of this casebook. When I began working on the liability issues involving the crashes of autonomous vehicles about a decade ago, I felt as if I were undergoing a comprehensive final examination on […]
Mark Wilde, ‘Horizons of Pure Economic Loss: Product Liability and the Post Office Horizon Scandal’
ABSTRACT This paper examines the Post Office Horizon scandal from the perspective of product liability and whether Fujitsu owed a duty of care under English common law to the postmasters who used the system and suffered loss as a result of the faults. It confronts the problem of pure economic loss, which is generally irrecoverable […]
Zachary Henderson, ‘Rethinking Robot Liability’
ABSTRACT Today a growing chorus of voices in the tort-law literature sings a siren song. AI harms must be redressed through across-the-board strict liability, they croon – the same standard we apply to dynamite users, lion tamers, and faulty-chainsaw makers. Their rationale is understandable: at first blush, many AI harms appear impervious to other traditional […]
Eger and Schaefer, ‘A Halfhearted and Indecisive Reform of Collective Redress in Germany’
ABSTRACT We demonstrate that the 2018 German Model Declaratory Action and the 2020 EU Representative Actions Directive do not provide sufficient incentives for owners of diesel cars equipped with ‘defeat devices’ and their representatives to sue Volkswagen AG. Eger, Thomas and Schaefer, Hans-Bernd, A Halfhearted and Indecisive Reform of Collective Redress in Germany (November 26, […]
Kaminski and Selbst, ‘An American’s Guide to the EU AI Act’
ABSTRACT The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to many in the United States. But as the first omnibus AI regulation worldwide, it has the potential to have a vast influence on both practice and […]
Rebecca Vangelos, ‘Chronically Online: Apportioning Liability in Social Media Litigation Based on User Engagement’
ABSTRACT The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies – including infinite scroll, personalized content recommendation feeds, and dark patterns – to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities […]