Facing up to a dichotomy

Article Abstract:

The Supreme Court must clarify the extent to which federal law can preempt the rights of citizens to sue manufacturers with products that conform to government standards. The US Court of Appeals was faced with two identical cases which resulted in two different decisions. The first case of preemption involved Shell Oil Co and an employee exposed to epichlorohydrin, which ended in favor of the employee. The second case involved Builder's Square Inc and a woman who died from overexposure to formaldehyde in plywood paneling for mobile homes. The case was dismissed.

Chemicals & Allied Products, Chemical Manufacturing, Crude petroleum and natural gas, Lumber and other building materials, CHEMICALS AND ALLIED PRODUCTS, Petroleum refining, Millwork, Plywood & Structural Members, Plywood & Veneer, Veneer, Plywood, and Engineered Wood Product Manufacturing, Hardware stores, Cases, Chemicals, Chemical industry, Lumber industry, Shell Oil Co., Builders Square Inc.

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Spoils system

Article Abstract:

Physical evidence is a key element in product liability litigation. In view of this, courts generally frown upon parties who spoliate physical evidence either through negligence or in bad faith. However, spoliated evidence can be constructed against the party which caused the spoliation, provided either of the two conditions are satisfied. Trial judges can impose monetary sanctions, bar the responsible party from testifying regarding the spoliated evidence, or dismiss the complaint altogether.

Product liability, Evidence (Law), Testimony, Products liability

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A world without lawyers

Article Abstract:

The manufacturing industry would reap some benefits if there were no lawyers to handle the legal aspects of the business. A definite effect is cheaper products because of the absence of legal costs and other regulations. The level of productivity will also increase as resources are diverted from the legal to the manufacturing process. It cannot be denied, however, that lawyers and regulations are largely responsible for the prevention of the proliferation of unsafe and substandard products.

Legal services, Manufacturing industries, not elsewhere classified, Manufacturing industry, Manufacturing industries, Evaluation, Attorneys, Lawyers, Quality control

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