Supreme Court of New Jersey. William J. Lynd v. George Menzies, John H. Suydam, and Others

1869 ◽  
Vol 17 (2) ◽  
pp. 94
Keyword(s):  
1894 ◽  
Vol 42 (2) ◽  
pp. 128
Author(s):  
Christopher G. Tiedeman ◽  
Wm. Draper Lewis ◽  
Wm. Struthers Ellis ◽  
W. T. Ellis

1984 ◽  
Vol 10 (1) ◽  
pp. 93-114 ◽  
Author(s):  
Jack Berman

AbstractIn Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.


2019 ◽  
Vol 37 (03) ◽  
pp. 763-786
Author(s):  
Bernadette Meyler

This symposium essay contends that the image of the common law drawn by the Supreme Court in the Confrontation Clause context is both distorted and incomplete. In particular, the Court and scholars defending originalist positions rely almost entirely on English sources in their reconstruction of the common law basis for the Confrontation Clause, thereby neglecting the diversity of American common laws from the time of the Founding, a diversity that has already been unearthed by a number of legal historians. By drawing on hitherto untapped sources to furnish a bottom-up reconstruction of how testimony was treated in local criminal courts within mid- to late-eighteenth-century New Jersey, this essay demonstrates that, in at least some jurisdictions, the originalist vision of common law did not apply. The common law cannot, therefore, furnish a univocal answer to questions about the original meaning of the Confrontation Clause.


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