Sunday, April 23, 2006
An interesting paper by Richard Cupp addressing, through a look at Daubert and its evolution in the context of products liability, David Owen's work identifying products liability as a distinct area of law. Dean Cupp concludes:
Regardless of one’s views about Daubert and its progeny, the lavish attention paid to the case by courts and scholars and its unique importance to products liability serve as powerful evidence for Professor Owen’s assertion that products liability has come of age as a body of law, and that its inevitable future changes will be viewed as evolution of a functionally distinct legal field. His belief in the law of products liability is, with time, becoming increasingly irrefutable.