Products liability exposure: the sacrifice of American innovation

Article Abstract:

The increase in product liability cases and excessive punitive damage awards has damaged American companies' ability to compete in international markets because of the risks involved in the introduction of new products. The focus on research and development has been replaced by attempts to protect companies from product liability suits because the judicial system penalizes manufacturers regardless of the extent of fault. Present product liability law encourages risky behavior by making the manufacturers, not the consumers, liable and undermines the manufacturers' economic stability.

Economic aspects, Industrial research, International competition (Commerce), International competition (Economics)

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Multiple imposition of punitive damages

Article Abstract:

Due process guarantees may prevent the assessment of several punitive damage awards against a products liability defendant for a single tort. State reform ideas have included placing limits on punitive damage awards, eliminating punitive damages altogether, or giving judges ultimate discretion in determining damages. A national solution is necessary, however, to achieve uniform punitive damages standards that are fundamentally fair and punish in proportion to a defendant's wrongdoing.

Analysis, Exemplary damages, Punitive damages, Due process of law, Limitation of damages, Limitations of damages

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The Moorman doctrine and insurance broker liability law: does Bulk Services represent two worlds in collision?

Article Abstract:

The Illinois Appellate Court's decision in Bulk Services Corp v Buick mistakenly applies the Moorman doctrine's principles of product-liability damages to agent-principle law. The Moorman doctrine holds that plaintiffs in tort actions are not entitled to economic damages. The court's application of this doctrine in Bulk will create confusion in insurance broker liability cases, which are limited to economic damages.

Malpractice, Insurance brokers

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