I’ve not yet read it, but a recent  law and economics paper on product liability looks interesting. The abstract is below. A prior draft is online at this page of SSRN. 


Cumulative Harm and Resilient Liability Rules for Product Markets

Andrew F. Daughety
Vanderbilt University

Jennifer F. Reinganum
Vanderbilt University

In the

Research from the UK appears to present a lesson in smart product design, in this instance as to nanoparticles. Prior studies have shown that nanoparticles cause inflammation in the lung, and show signs of having the adverse health impacts of asbestos. So, the researchers experimented with fiber length to see if different fibers produced different

A new en banc 5th Circuit opinion from a strongly divided court grants the extraordinary remedy of mandamus to overturn perceived forum shopping related to a “rocket docket” in the Eastern District of Texas. Much is being made of this opinion in many contexts, including patent law and product liability cases.

Opinions on venues and

For some time now, I’ve been writing about potential changes in product liability law due to rapid changes in communication and science. In a February, 2007 article for Corporate Counsel, I addressed various changes, including the widespread availability of scientific information and its impact on information-related tort claims. The article included my prediction that “sophisticated

For those interested in “mass tort” issues, well worth reading is today’s National Law Journal article regarding the recent wave of manufacturing defect product liability claims arising from drugs manufactured in China. The interesting points discussed include whether or how federal preemption principles will apply, and some aspects of claiming against Chinese entities.

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