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Books : Nonfiction : Law : Business : Product Liability
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The story of corporate negligence and drunk driving that led to deaths for twenty-seven children and adults in a Kentucky school bus reveals the family who refused to settle their lawsuit and helped change standards to protect all children. 25,000 first printing.
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Marion Nestle, acclaimed author of Food Politics, now tells the gripping story of how, in early 2007, a few telephone calls about sick cats set off the largest recall of consumer products in U.S. history and an international crisis over the safety of imported goods ranging from food to toothpaste, tires, and toys. Nestle follows the trail of tainted pet food ingredients back to their source in China and along the supply chain to their introduction into feed for pigs, chickens, and fish in the United States, Canada, and other countries throughout the world. What begins as a problem "merely" for cats and dogs soon becomes an issue of tremendous concern to everyone. Nestle uncovers unexpected connections among the food supplies for pets, farm animals, and people and identifies glaring gaps in the global oversight of food safety.
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Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
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Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.
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Owen, Montgomery, and Keeton’s casebook provides detailed information on the subject of products liability and safety, and the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
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The material addresses the application of negligence, misrepresentation, and warranty law to products cases. Also addresses various aspects of strict tort liability. Specific topics are broken out to help teachers easily choose among topics. Deals with causation, scope of liability, punitive damages, contribution and indemnity, defenses, and parties and transactions governed by strict liability—covers issues that are relevant to all pertinent theories of recovery.
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On September 14, 1989, Joseph Wesbecker entered a Louisville, Kentucky printing plant and shot twenty people with an automatic rifle before turning the gun on himself. Wesbecker had been severely depressed and was taking Prozac, and the families of the victims sued Prozac's manufacturer, Eli Lilly, on the grounds that the popular antidepressant had caused Wesbecker's deranged mental state. The resulting trial instigated unprecedented research into the mind of a "spree killer"-and raised provocative questions about the delicate, dangerous balance pharmaceutical companies must oversee between the public good and the bottom line. In this absorbing book, John Cornwell interweaves the Wesbecker trial with a provocative exploration of issues of identity and personality. He takes us beyond the courtroom and into the laboratories and boardrooms of the corporations who daily make life-and-death decisions concerning the public welfare. The result is a timely, compelling look at what it means and what can happen when science gives us the ability to manipulate who we are and how we behave.
• Cornwell's true-crime study, Earth to Earth, was nominated for an Edgar Award -
Toxic Tort Law blends private and public law resulting in its own set of unique problems and challenges. Because this area is gaining prominence, it’s developing its own jurisprudence. Introduces the study of toxic torts and identifies the theories of liabilities, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Covers special defendants, defenses, causation, injuries, and damages. Text also addresses mass toxic torts and delves into the case of environmental tobacco smoke.
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Contracts and Liability, Fifth Edition provides builders and remodelers with concise, informative insights into creating effective contracts. Topics will include, Warranties, Environmental Issues, Inspections, Trade Contracts, Design-build Contracts, Contracts with Other Team Members, Mold, Arsenic, A New Notice and Opportunity to Repair Clause and Contract Enforcement.
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Product Liability for Professional Paralegals is a practical, hands-on book for legal professionals working in the field of personal injury and product liability litigation, as well as for students of personal injury litigation. Case management and practice tips assist the paralegal in learning and perfecting the professional skills, organizational techniques, and perspective to be an integral part of the professional team. Examples include sample questions to encourage an analytical approach, because thorough fact investigation is key to successful case preparation. Broken into two parts, part one details case management, new case evaluation, determining correct parties, investigation, and customizing discovery. It also discusses the interesting history of product liability law. Expert witnesses are essential in product liability cases, and there is extensive information regarding locating, evaluating, and working with expert witnesses. Part two addresses specific types of products including medical devices, toxic substances, household and consumer products, childrens products, vehicles, and machinery. Included is information regarding warnings, manufacturing and design defects, standards and regulations, and many sample forms, including pleadings and discovery. This information allows the paralegal to know what questions to ask to solicit information most helpful to the trial team. T
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Winner of the American Bar Association's 1992 Silver Gavel Award "in recognition of an outstanding contribution to public understanding of the American system of law and justice."
"Mr. Sobol has produced a readable yet fully researched and detailed study of the operation of the bankruptcy and its effects upon all concerned—the women who were injured, the swarms of lawyers who represented parties in the bankruptcy, and the court which oversaw the bankruptcy in Richmond. . . . This book adds greatly to the current debate about how strong a managerial federal judge our system should have."—Paul D. Rheingold, New York Law Journal
"Bending the Law is polemical and relentless. It is also minutely researched, fluidly written, and persuasive."—Paul Reidinger, ABA Journal
"Bending the Law is a must read for bankruptcy practitioners, and for anyone else concerned about the use of bankruptcy law to deal with mass torts. Although its author is a civil rights lawyer, he details the subtle art of practicing bankruptcy law with a discerning eye, and is a gifted storyteller as well."—Joryn Jenkins, Federal Bar News and Journal
"This is an accessible history of the case by a veteran civil-rights lawyer."—Washington Post Book World -
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The aim of this book is to analyze in a comparative framework, laws relating to product safety. These include standard setting, general safety obligations, export control and information exchange systems. The countries studied include the UK, USA, Canada, France, Germany, Sweden, Australia and New Zealand, as well as EC law in the light of EC product safety directives.
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A Products Liability Anthology consists of discrete pieces fitted together, mosaic fashion. In each part of the book, articles play off each other, sometimes choosing to emphasize other facets of a similar argument. More than half of the pieces in this collection are written by credentialed experts in products liability, including James Henderson and Aaron Twerski, compilers of the new Restatement.
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This book provides a study of past, present and emerging mass torts with practical information drawn from examples such as asbestos. A must read for plaintiff and defense attorneys, judges, insurance and reinsurance company claims managers, risk managers, brokers, actuarials and executives, this book will help them:
- Identify key data and assumptions necessary at each stage of the estimation process;
- Learn how the incidence and prevalence of a condition is converted into claims;
- Forecast liability exposure for risk management and conveyance of assets;
- Assess reserve and settlement trusts for financial planning and company insulation; and
- Review historical and new estimation techniques.
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Experimenting With The Consumer exposes the hazards of the mass-market experimentation in which every American consumer and worker is unwittingly tapped for product risk data by manufacturers, scientists, and regulators. Vioxx, Heparin, Avandia, Paxil, fen-phen, estrogens, silicone implants, pacemakers, formaldehyde in FEMA trailers, 60 buckyballs in coatings … the headlines are increasingly filled with hidden risks coming to light in popular products years after federal agencies approve them for the American public. Shapo shows readers how to get past unreasonable trust or fear and make the best risk-management choices for themselves and their families. He walks them through what questions to ask before consenting to be in a clinical trial; how to evaluate the implied bold-print claims against the small-print disclosures in advertisements for medical products; how to uncover product and environmental risks in their homes, workplaces, supermarkets, and neighborhoods; how to assess and control product risk while maximizing consumer choice and benefit; how to pressure government to tighten consumer protection; and how to seek legal redress.
Through a diverse selection of dramatic case studies, Shapo lays bare the incentives of companies and entrepreneurial scientists to fake or obscure experimental data before and after government approval; the fights between interested and disinterested scientists over data; the fights between scientists and doctors over patient rights; the campaigns of activists against government agencies to release experimental drugs; the impact of the journalistic and promotional media on public knowledge and perception of product risk; and the marketing tricks that manufacturers use to harness sexual desire to product launches and to shape the prescription choices of physicians.
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Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. "Product Liability and Innovation" provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

















