Uniform Federal Product Liability Law: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, Second Session on S. 640, a Bill to Regulate Interstate Commerce by Providing for a Uniform Product Liability Law, and for Other Purposes, August 5, 1992, Volumen4U.S. Government Printing Office, 1993 - 302 páginas |
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111 SUPREME COURT Alabama alternative dispute resolution American amount asbestos award of punitive Bendectin bill breast implants caused Cite as 111 civil action civil justice claimant claims clear and convincing Committee common-law compensation compensatory damages CONGRESS THE LIBRARY constitutional consumers Consumers Union costs defective defendant defendant's discretion drug Due Process Clause employer evidence federal courts federal product liability Federal question jurisdiction Finley Fourteenth Amendment Galanter harm imposed injury Judge CARRICO judicial Judiciary jury L.Ed Law School lawsuits lawyers legislation LIBRARY OF CONGRESS Lipsen manufacturers Pacific Mutual percent person plaintiff problem procedures Product Liability Fairness product liability law product liability litigation product liability system product seller Professor provisions punishment punitive dam punitive damages award question reasonable responsible Ruffin rule S.Ct Senator HEFLIN Senator THURMOND settlement standards statute of repose tion tive damages tort law tort system trial court uniform product liability verdict victims workers
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Página 203 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Página 203 - To what principles, then, are we to resort to ascertain whether this process, enacted by Congress, is due process? To this the answer must be twofold. We must examine the Constitution itself to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes...
Página 204 - State, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions...
Página 202 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Página 20 - ... (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Página 20 - One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property...
Página 194 - In most jurisdictions jury discretion over the amounts awarded is limited only by the gentle rule that they not be excessive. Consequently, juries assess punitive damages in wholly unpredictable amounts bearing no necessary relation to the actual harm caused.
Página 197 - Amendment, itself a historical product, did not destroy history for the States and substitute mechanical compartments of law all exactly alike. If a thing has been practised for two hundred years by common consent, it will need a strong case for the Fourteenth Amendment to affect it
Página 204 - A process of law," said Mr. Justice Matthews, commenting on this statement of Mr. Justice Curtis, "which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country.
Página 20 - A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.