|
Sindell V. Abbott Laboratories
Sindell v. Abbott Laboratories, (1980), was a landmark products liability decision of the Supreme Court of California which pioneered the doctrine of market share liability. Background The plaintiff in ''Sindell'' was a young woman who developed cancer as a result of her mother's use of the drug diethylstilbestrol (DES) during pregnancy. A large number of companies had manufactured DES around the time the plaintiff's mother used the drug. Since the drug was a fungible product and many years had passed, it was impossible for the plaintiff to identify the manufacturer(s) of the particular DES pills her mother had actually consumed. Decision In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability. The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majorit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rose Bird
Rose Elizabeth Bird (November 2, 1936 – December 4, 1999) was the 25th Chief Justice of the California Supreme Court. Her career was marked by firsts. She was the first female clerk of the Nevada Supreme Court, the first female deputy public defender in Santa Clara County, the first woman to serve in the California State Cabinet, and the first female Chief Justice of California. She was also notable as the first, and to date only, Chief Justice in California history to lose a retention election. Early life and education Bird was born near Tucson, Arizona on November 2, 1936. Her father, Harry Bird, was the grandson of English immigrants and her mother, Anne (née Walsh), was Irish American. She had two older brothers. Her father deserted the family and died when she was five. Her mother moved the family to New York City, where Bird and her brothers grew up in poverty. She was a standout scholar in high school and won a scholarship to Long Island University, where she earn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Liability
Public liability is part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages. Claims are usually successful when it can be shown that the owner/occupier was responsible for an injury, therefore they breached their duty of care. The duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. Once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. Based on the injuries and the losses of the applicant the court would award a financial compensation package. The law of insurance and public liability In the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. These bodies impose various liabilities of which the property o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1980 In United States Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai (or Jingfeng), Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence Case Law
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Michigan Press
The University of Michigan Press is part of Michigan Publishing at the University of Michigan Library. It publishes 170 new titles each year in the humanities and social sciences. Titles from the press have earned numerous awards, including Lambda Literary Awards, the PEN/Faulkner Award, the Joe A. Callaway Award, and the Nautilus Book Award. The press has published works by authors who have been awarded the Pulitzer Prize, the National Humanities Medal and the Nobel Prize in Economics. History From 1858 to 1930, the University of Michigan had no organized entity for its scholarly publications, which were generally conference proceedings or department-specific research. The University Press was established in 1930 under the university's Graduate School, and in 1935, Frank E. Robbins, assistant to university president Alexander G. Ruthven, was appointed as the managing editor of the University Press. He would hold this position until 1954, when Fred D. Wieck was appointed as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lead Industries Association
The Lead Industries Association (LIA) was a trade organization that in 1925 made it possible for Tetraethyllead to be an additive of commercial gasoline and later incorporated in 1928 to promote the interests of the lead industry. The National Lead Institute was a predecessor of the Lead Industries Association The association lobbied to lift bans on, and promote the use of, lead pipes. The association also promoted lead-based paints, which became the subject of a poisoning lawsuit filed against paint manufacturers. In 1958, the LIA and the American Zinc Institute founded an organization with a similar mission that outlasted the LIA, the International Lead Zinc Research Organization (ILZRO). In 2002, the Lead Industries Association of Sparta, NJ, went bankrupt and defunct citing that they were unable to get insurance to cover the litigation against them. Richard Schweiker's 1972 testimony in the US Congressional record includes a transcript of a segment that aired January 28, 197 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lead-based Paint
Lead paint or lead-based paint is paint containing lead. As pigment, lead(II) chromate (, "chrome yellow"), lead(II,IV) oxide, (, "red lead"), and lead(II) carbonate (, "white lead") are the most common forms.. Lead is added to paint to accelerate drying, increase durability, maintain a fresh appearance, and resist moisture that causes corrosion. It is one of the main health and environmental hazards associated with paint. Lead paint has been generally phased out of use due to the toxic nature of lead. Alternatives such as water-based, lead-free traffic paint are readily available. In some countries, lead continues to be added to paint intended for domestic use, whereas countries such as the United States and the United Kingdom have regulations prohibiting its use. However, lead paint may still be found in older properties painted prior to the introduction of such regulations. Although lead has been banned from household paints in the United States since 1978, it may still be f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Maryland to its south, West Virginia to its southwest, Ohio to its west, Lake Erie and the Canadian province of Ontario to its northwest, New York to its north, and the Delaware River and New Jersey to its east. Pennsylvania is the fifth-most populous state in the nation with over 13 million residents as of 2020. It is the 33rd-largest state by area and ranks ninth among all states in population density. The southeastern Delaware Valley metropolitan area comprises and surrounds Philadelphia, the state's largest and nation's sixth most populous city. Another 2.37 million reside in Greater Pittsburgh in the southwest, centered around Pittsburgh, the state's second-largest and Western Pennsylvania's largest city. The state's su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
