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18 Aug 2011, 4:10 pm by Eugene Volokh
Perhaps the intrusion on liberty is justified, for instance on the grounds that people shouldn’t risk their lives in such activities — but the intrusion has to be recognized, and considered in analyzing the merits of the proposed rule.Likewise, if parents who are hosting a party for teenagers are held liable for negligence if two teenagers have sex in a bathroom (see Doe v. [read post]
18 Aug 2011, 3:14 pm by velvel
The same obtains with regard to the manufacturer or seller of car parts, and with regard to companies which manufacture medicines. [read post]
13 Aug 2011, 3:11 pm by WOLFGANG DEMINO
The provision intends to provide a broad shelter from liability for a provider who has complied with the first two elements while also ensuring that this shelter not be abused. 20801, Inc. v. [read post]
13 Aug 2011, 8:57 am by Rebecca Tushnet
Fully litigated prior restraints presumptively unconstitutional—Near v. [read post]
11 Aug 2011, 1:09 pm by Bexis
  In section 11 recall-related liability is recognized only in limited situations after a recall has already otherwise been instituted:One engaged in the business of selling or otherwise distributing products is subject to liability for harm to persons or property caused by the seller's failure to recall a product after the time of sale or distribution if:(a)(1) a governmental directive issued pursuant to a statute or administrative regulation specifically requires the… [read post]
8 Aug 2011, 10:46 am by Ronald F. Wick
The court further took issue with many of the plaintiffs’ suggested common issues of fact, drawing on the recent Supreme Court decision in Wal-Mart Stores, Inc. v. [read post]