An article written by Richard L. Cupp, John W. Wade professor of law, was recently cited by Ruth Bader Ginsburg, associate justice of the U.S. Supreme Court, in her dissenting opinion in J. McIntyre Machinery v. Nicastro.
Justices Sonia Sotomayor and Elena Kagan joined in the dissent. Nicastro involved a jurisdiction battle in a products liability case. Justice Ginsburg cited and quoted Cupp's article to support her argument that subjecting the foreign defendant to a state court's jurisdiction would not lead to unfair or unmanageable consequences for the defendant as a successor corporation in a products liability context.
Ginsburg referenced Cupp’s article Redesigning Successor Liability, published in the University of Illinois Law Review (1999).
Cupp is widely recognized as a leading scholar and commentator in the fields of torts and products liability law. He has authored more than 20 significant scholarly articles and numerous shorter articles. An elected member of the American Law Institute, he has served as chair of the Association of American Law Schools Section on Torts and Compensation Systems.
His most recent article is In Praise of Moral Judgment: The Restatement (Third) of Torts and Flagrant "Bad Guy" Trespassers, published in the Wake Forest Law Review Online (2011).