This edition of the casebook remains sufficiently flexible to meet widely varying needs. It is appropriate to use in a two- or a three-hour course. The structure of the book permits omission of entire chapters or portions of chapters without disrupting the flow of the course. The book is arranged so that the core of products liability law is presented in the first six chapters, but the materials may also be taught out of order. Topics include misrepresentation and warranty law, defects and reasonableness, cause-in-fact, proof, proximate cause and damages. The remaining chapters cover core topics in products liability litigation. After a brief introduction, Chapters 1 and 2 address the application of misrepresentation and warranty law to products cases. These theories remain viable in most jurisdictions and in a few jurisdictions that never adopted the Restatement (Second) of Torts Section 402A, they remain at the core of modern products liability law. Chapters 3 and 4 address the development of modern products liability law and its defining characteristic: its focus on the concept of "defect" rather than the concept of reasonableness. Chapter 4 systematically presents materials on manufacturing, design and warning defects organized around Section 2 of the Restatement (Third) of Torts: Products Liability. Chapter 5 addresses cause-in-fact, especially the choice between the Second and Third restatements' approaches to cause-in-fact. Here as elsewhere the book does not attempt to reprise the coverage of causation in the first-year tort course, but rather focuses on the special cause-in-fact issues that typically emerge in product liability cases. Likewise, Chapters 6, 7 and 9 focus on the proof, proximate cause, and damages questions that most frequently arise in the products liability arena. The remaining chapters in the book cover the remaining core topics in products liability litigation: a) the effect of statutes and regulations b) apportionment of liability between plaintiff and defendant and among defendants in multi-party litigation c) the effect of statutes of limitations and repose d) parties and transactions that are covered and are not covered by products liability law e) complex litigation, including multidistrict litigation, class actions, and other forms of aggregate claim resolution.

This sixth edition, continuing the use of minimally edited cases, serves as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. This edition has been substantially shortened so as to meet the needs of instructors who teach a three or four hour introductory tort course. Throughout, the book is modified to include developments in tort law since the fifth edition was published in 2012. For example, the intentional tort chapter recognizes and discusses the Restatement (Third) of Torts: Intentional Torts. The chapters on negligence and causation recognize and discuss cases relying on and referencing the Restatement (Third) of Torts: Liability for Physical & Emotional Harm. The chapter on duty reflects the framework by which courts think about duty. It brings together in one place all the areas of tort law that apply special duty rules. The Causation Chapter adds material on causation in toxic tort cases and the admissibility of expert witnesses after Daubert. The materials on products liability capture recent developments in that area. The Insurance Chapter incorporates the new restatement on insurance law. The chapter on tort reform updates the empirical research on the operation of the tort system and the effects of tort reform. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

A Better Way to Present Remedies This state-of the-art casebook is both easy and fun to use. It is designed to give you the basis for an enjoyable, comprehensive learning experience for your students, providing you with the sort of piquing materials that should prompt interested and insightful classroom discussion. The focus here is on teachability, rather than encyclopedic coverage of the field. Classic Supreme Court opinions are included, as well as numerous problem-style hypotheticals that are based on the facts of cutting-edge lower court rulings. The casebook also uses text boxes inside the judicial opinions to pose questions for class discussion, provide practice pointers, and share useful links to information about the history and impact of the decisions. This mixed presentation of traditional doctrines and debates about current legal issues allows your students to hone their analytical skills, as they learn to construct the arguments for today's remedies cases. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This text provides a concise summary of equity laws including equity and equitable remedies, enforcement of equitable decrees, injunctions, restitution, declaratory judgments, and damages. It discusses the historical perspective on equity, contempt rules, and forms of loss as they relate to damages.