Economic Analysis of Products Liability: Theory

Preemption and Products Liability : a Positive Theory

In a large number of products liability lawsuits, sellers assert that plaintiffs’ claims should be rejected because their products fall under some federal regulatory regime, and that the regulatory statute takes precedence over or “preempts” state tort law. This paper is an attempt to set out a positive theory of the doctrine on preemption of products liability claims. The federal case law is l...

Products Liability--An Analysis of Market Share Liability

Products Liability

Comments on Landes and Posner: A Positive Economic Analysis of Products Liability

Enterprise Liability and the Economic Analysis