Concert of action theory loses ground
Article Abstract:
The concert of action theory is losing favor with judges handling products liability claims because it puts defendants at substantial financial risk by making them jointly and severally liable. Plaintiffs in concert of action cases also typically claim that corporations have conspired or taken concerted action to lobby governmental agencies because their position is allegedly fraudulent.Courts have looked askance at such claims, stating that such lobbying is a form of protected speech and offering businesses Noerr-Pennington protection.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Justices may end confusion on punitives
Article Abstract:
The US Supreme Court decision in TXO Production Corp v Alliance Resources Corp will speak to the limits the 14th Amendment's due process clause places on punitive damages. The case comes from West Virginia, and there is a good chance the justices will find a due process violation since that state has few established procedures for judicial review of punitive damages. Whatever decision is made may have a substantial impact on product liability litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Jurisdiction ruling charts new course
Article Abstract:
The US District Court for New York's Eastern District has decided in Ashley v Abbott Laboratories that mass tort suits require an alteration of traditional personal jurisdiction rules waiving the 'minimum contacts' rule and substituting the state's 'appreciable interest in the litigation.' Only if defending such a suit would impose substantial hardship on the defendant would this new standard not apply.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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