I. INTRODUCTION

In this article, I offer my reflections on the defense of industrial equipment manufacturers in product liability cases. From time to time, I include questions, colloquies, or anecdotes from past trials to illustrate certain points. Many of my thoughts are the results of mistakes,...   MORE>>

I. INTRODUCTION

As a general rule, a commercial product seller must provide adequate instructions and warnings to consumers regarding the potential risks associated with their products. These instructions and warnings provide consumers with information that allows them to use a product safely and...   MORE>>

I. INTRODUCTION

As derived from jurisdictional materials and related cases covering evidence of prior incidents or injuries, the litigation strategy for counsel is often clear. Thus, these materials lend valuable insight into the admissibility or exclusion of such evidence. Even in the issue-frie...   MORE>>

“[I]ncremental changes in U.S. common law . . . have undermined the culture of individual responsibility . . . and have also established the notion of the civil action as a vehicle of general economic redistribution.”

Throughout the past few decades, individuals have increasingly attempted t...   MORE>>

Over forty-five million Americans smoke cigarettes. In the 1950’s, cigarette manufacturers introduced filtered cigarettes and began what they called the “Tar Derby” in response to smoking-related health concerns. Cigarette manufacturers sought to encourage health conscious smokers to use these...   MORE>>

I. INTRODUCTION & SCOPE

Many traditional consumer purchases involve goods, often second-hand goods, bought on an “as is” basis. Some of these purchases do not involve large amounts of money, and, with little at stake, it can be extremely difficult for consumers to obtain judicial relief for d...   MORE>>

Abstract

Attendees at the University of Houston Law Center Conference, titled “Teaching Consumer Law: The Who, What, Where, Why, When and How,” were surveyed to determine what topics they covered in consumer law classes. Twenty-five responses were received, representing fourteen survey classe...   MORE>>