Tort Law

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Navigating between Scylla and Charybdis: Preemption of Medical Device “Parallel Claims”, Journal of Health & Biomedical Law (2013)

The scope of federal preemption of state common law medical device claims has been vigorously...

 

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Implied Preemption of Medical Device ‘Parallel Claims’, Product Safety & Liability Reporter (2012)

Although the scope of federal preemption of state common law medical device claims has been...

 

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Toward a Neuroscience Model of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine (with Eric J. Laury), Columbia Science and Technology Law Review (2012)

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to...

 

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Proposed Disease Cluster Legislation: What’s Nanotechnology Got to Do With It?, The Forum (Widener Law Health Law Institute) (2011)
 
Federal Preemption of Claims Based on Cell Phone Hazards: Farina v. Nokia and the Road to the U.S. Supreme Court, United States Law Week (2011)
 
Punitive Damages and the Public Health Agenda, Reconsidering Law and Policy Debates: A Public Health Perspective (2011)
 
Toxic Torts in a Nutshell (2010)
 

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The Mature Product Preemption Doctrine: The Unitary Standard and the Paradox of Consumer Protection, Case Western Reserve Law Review (2009)

The history of the U.S. Supreme Court's product preemption doctrine has been characterized by inconsistency...

 

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The Synergy of Toxic Tort Law and Public Health: Lessons from a Century of Cigarettes, Connecticut Law Review (2008)

Toxic torts is a relatively new area of the law, but its seeds were sown...

 

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Punitive Damages and the Tobacco Industry: New Guidelines from the U. S. Supreme Court, Forum (Widener Health Law Institute) (2007)
 

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Toxic Torts at Ground Zero, Arizona State Law Journal (2007)

Of all the injuries from the terrorist attacks of September 11, 2001, legal analysts have...

 

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The Normalization of Product Preemption Doctrine, Alabama Law Review (2006)

When the United States Supreme Court decided Geier v. American Honda Motor Company in 2000,...

 
Toxic Exposures at Ground Zero: Is There a Role for the Tort System?, Widener Health Law Today (2005)
 
The Impact of the Class Action Fairness Act on Plaintiffs in Mass-Tort Actions, Andrews Class Action Litigation Reporter (2005)
 
Toxic Torts in a Nutshell (2005)
 

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Public Nuisance Claims Against Gun Sellers: New Insights and Challenges (with John G. Culhane), University of Michigan Journal of Law Reform (2004)
 
Gun Makers Seek to Bar Justice (with John G. Culhane), Sunday News Journal (Wilmington, DE) (2003)
 

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Shedding Light on the Preemption Doctrine in Product Liability Actions: Defining the Scope of Buckman and Sprietsma, Delaware Law Review (2003)
 

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Gun Torts: Defining a Cause of Action for Victims in Suits Against Gun Manufacturers (with John G. Culhane), North Carolina Law Review (2002)

Although tens of thousands of Americans die from gun violence every year, the regulation of...

 

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Defining a Proper Role for Public Nuisance Law in Municipal Suits Against Gun Sellers: Beyond Rhetoric and Expedience (with John G. Culhane), South Carolina Law Review (2001)

During the past few years, more than a score of municipalities (and the State of...

 
Toxic Torts in a Nutshell (2000)
 

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Foreword, Widener Law Symposium Journal (1997)
 

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Sense or Sensibility?: Toxic Product Liability Under State Law After Cipollone and Medtronic, Widener Law Symposium Journal (1997)
 
The Proposed Tobacco Settlement: "Bitter Pill" or Sweet Deal?, Widener University School of Law Magazine (1997)
 
Toxic Product Liability Under State Law After Cipollone, Current Issues in Toxic Torts Symposium (1996)
 
Toxic Torts in a Nutshell (1995)
 

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Understanding State Contribution Laws and Their Effect on the Settlement of Mass Tort Actions, Texas Law Review (1995)

A common feature of mass tort litigation involves the situation in which some defendants settle...

 

Scientific Evidence

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Toward a Neuroscience Model of Tort Law: How Functional Neuroimaging Will Transform Tort Doctrine (with Eric J. Laury), Columbia Science and Technology Law Review (2012)

The “neuroscience revolution” has now gained the attention of legal thinkers and is poised to...

 
Daubert and Its Progeny: Expert Scientific Evidence in Massachusetts Personal Injury Cases, Journal of the Massachusetts Academy of Trial Attorneys (2005)
 

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Toxic Torts and Causation: The Challenge of Daubert After the First Decade, Natural Resources and Environment (2003)
 

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Clinical Medical Evidence of Causation in Toxic Tort Cases: Into the Crucible of Daubert, Houston Law Review (2001)
 

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Toxic Torts, Causation, and Scientific Evidence After Daubert, University of Pittsburgh Law Review (1994)
 

Workers Compensation

Toxic Exposures and Workers Compensation, Journal of Workers Compensation (2004)
 

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Toxic Reproductive and Genetic Hazards in the Workplace: Challenging the Myths of the Tort and Workers' Compensation Systems, Fordham Law Review (1993)

This article discusses how various scientific studies suggest a causal connection between workers' reproductive and...

 

Reproductive Technologies

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"The Orwellian Nightmare" Reconsidered: A Proposed Regulatory Framework for the Advanced Reproductive Technologies, Georgia Law Review (1991)
 

Medical Malpractice

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Medical Malpractice Screening Panels: Proposed Model Legislation to Cure Judicial Ills, George Washington Law Review (1990)
 

Evidence

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Note, United States v. Havens: Impeachment By Illegally Obtained Evidence, Syracuse Law Review (1981)
 

Nanotechnology

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Nanotechnology and the Environment: What's Next?, Natural Resources & Environment (2012)
 

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Proposed Disease Cluster Legislation: What’s Nanotechnology Got to Do With It?, The Forum (Widener Law Health Law Institute) (2011)