Products liability law - freedom of speech - Ninth Circuit holds that California's products liability law does not cover false statements in a book
Article Abstract:
The Ninth Circuit properly held that California's products liability law is not applicable in cases of inaccurate factual content in books. However, it should have held that the First Amendment prevents states from restricting speech by imposing liability. In Winter v G.P. Putnam's Sons, the court had to decide whether the publisher of 'The Encyclopedia of Mushrooms' was liable for the illness of a man who ate mushrooms misidentified as edible in the book. The possible First Amendment aspects of Winter justified, but did not receive, a First Amendment decision.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
Contract law - unilateral mistake - Supreme Court of California explicity accepts Restatement (Second) of Contracts prosvisions as state law
Article Abstract:
The California Supreme Court decided that an incorrect advertisement did not entitle a consumer to buy a product at the incorrect price. Rescission was justified under the Restatement (Second) of Contracts.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Firearms litigation - Supreme Court of California holds that state products liability statute bars negliegence action against firearms manufacturer
Article Abstract:
The California Supreme Court decided that a lawsuit against a manufacturer of a gun used in a murder was excluded by state law. However, the law's application to this case is doubtful.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Constitutional law - Establishment clause - Eighth Circuit holds that public school opened with concessions to religious group does not violate Establishment Clause
- Abstracts: Civil procedure - class actions - Ninth Circuit holds that prior class action tolled the statue of limitations for new class action claim
- Abstracts: Copyright law - derivative works - Seventh Circuit holds that mounting copyrighted notecards on ceramic tiles does not constitute preparation of derivative works in violation of the Copyright Act
- Abstracts: Federal statutes - Electronic Communications Privacy Act of 1986 - Ninth Circuit holds that the Wiretap Act protects electronic communications in storage to the same extent as those in transit
- Abstracts: Family law - medical consent - Indiana Supreme Court holds that family may terminate treatment for never-competent patient in persistent vegetative state