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No exception to products liability statute of repose for latent disease or fraudulent concealment.

Day on Torts

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59
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The Illusion of Action: Cuomo’s New Gun Manufacturer Liability Law is a Colossal Misfire

JonathanTurley

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

The Court held that local consumer legislation – in the form of the Consumer Guarantees Act 1993 (CGA) – applies to foreign manufacturers. The decision is of particular interest to New Zealand consumers and manufacturers of goods that are supplied in New Zealand, as well as traders advertising their products to New Zealanders.

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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

Laws 57
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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability.

Tort 35
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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

es the threat posed to companies that rely on third-party manufacturers. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. 7 While the statute makes willfulness a prerequisite to a pro?ts

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Justices turn down cadet’s attempt to sue government over sexual assault

SCOTUSBlog

The justices also called for the federal government’s views in two cases, but they once again did not act on a closely watched challenge to a Mississippi law that would generally bar abortions after the 15th week of pregnancy. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it.