Product Liability Reform Act: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred First Congress, Second Session, on S. 1400, a Bill to Regulate Interstate Commerce by Providing for a Uniform Product Liablity Law ... July 31, 1990, Opseg 4U.S. Government Printing Office, 1991 - Broj stranica: 491 |
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Accutane alternative dispute resolution American Bar Association amount apply approval attorney bill Chairman civil action claimant claims commerce Committee common law companies compensation benefits compensation law compensation system competitive Congress consumers costs defective products defendant drug effect employer enacted federal courts federal legislation federal product liability fees HABUSH incentives increase industry injury issues joint Judiciary jurisdiction jury Justice lawyers legislatures Liability Reform Act limited litigation loss manufacturer or product medical devices negligence noneconomic damages percent person Pfizer pharmaceutical plaintiffs pre-market pre-market approval problems product liability law product liability legislation Product Liability Reform product liability system product seller proposals provisions punitive damage awards punitive damages questions regulation responsible result risk rules safety Senator HEFLIN Senator SPECTER settlement standards statute of repose strict liability subrogation tion tort law tort reform tort system trial uniform verdicts workers compensation Zomax
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Stranica 99 - It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Stranica 24 - ... (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Stranica 24 - One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property...
Stranica 46 - ... suffered or to community expectations. 2. Tort awards for pain and suffering should be more uniform. To achieve that goal, the ABA recommends such approaches as objective annual studies of tort awards, public information on those awards, guidelines for use by the trial courts, and study given as to whether additional guidance can and should be given to the jury on the range of appropriate damage awards. 3.
Stranica 24 - § 402A. Special Liability of Seller of Product for Physical Harm to User or Consumer (1) One who sells any product in a defective condition unreasonably dangerous to the user or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if...
Stranica 147 - Had the constitution been silent on this head, there can be no doubt that all the particular powers requisite as means of executing the general powers would have resulted to the government, by unavoidable implication. No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized ; wherever a general power to do a thing is given, every particular power necessary for doing it is included.
Stranica 380 - ... 3. The ABA believes that the doctrine of joint and several liability should be limited by legislation to apply only to economic losses in certain cases. Defendants should not be held liable for someone else's share of any non-economic loss when the defendant's responsibility is substantially disproportionate to liability for the entire loss suffered by the plaintiff. 4. The ABA recognizes that allowing non-unanimous jury verdicts may require legislation. A number of states enacted tort reform...
Stranica 23 - I believe the manufacturer's negligence should no longer be singled out as the basis of a plaintiff's right to recover in cases like the present one. In my opinion it should now be recognized that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it is to be used without inspection, proves to have a defect that causes injury to human beings.
Stranica 67 - It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.
Stranica 174 - July 31, 1990 Senator Joseph R. Biden, Jr., Chairman Senate Judiciary Committee Room 224, Dirksen Senate Office Building Washington, DC 20510 Re: Hearings on S.1400 - The Product Liability Reform Act Dear Senator Biden: First, let me thank you and the Committee for this opportunity to express my views concerning the federalism issues implicit in the pending product liability legislation. Please accept these comments with the understanding that they do not represent an official position of the New...