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It Is Now Safe To Move About The Cabin: Revisiting Air Carrier Liability For Passenger Injuries Due To Turbulence Using A Res Ipsa Loquitur Theory Of Negligence, Andrew R. Loeffler
It Is Now Safe To Move About The Cabin: Revisiting Air Carrier Liability For Passenger Injuries Due To Turbulence Using A Res Ipsa Loquitur Theory Of Negligence, Andrew R. Loeffler
Northern Illinois University Law Review
When a passenger on a commercial air carrier is injured as a result of an encounter with turbulence, the traditional negligence analysis applies to determine whether the airline is liable for the passenger's damages. As a common carrier, the airline owes its passengers the "highest duty of care." This Comment discusses whether the time has come to change the analysis in airline turbulence injuries to one of res ipsa loquitor--that the injury speaks for itself and would not occur without negligence by another. A review is made of the significant advances in weather forecasting, turbulence prediction, turbulence detection, and airline …
Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally
Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally
Northern Illinois University Law Review
An increasing number of jurisdictions have seized upon the reasoning in the United States Supreme Court's decision Hoffman Plastic Compounds, Inc. v. NLRB to deny undocumented immigrant plaintiffs recovery for lost future earnings at their projected earnings while living in the United States. However, a correct reading of Hoffman and understanding of its precedent reveals a narrow ruling confined to the field of federal labor law incapable of influencing the availability and distribution of damages in personal injury actions in Illinois state courts. Illinois common law currently grants undocumented plaintiffs the right to recover damages for amounts they would have …
Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney
Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney
Northern Illinois University Law Review
This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered at baseball games is specifically analyzed. The author asserts that the current legislation should be stricken from Illinois law, and proposes changes in the law that would lead to more equitable outcomes in cases involving foul balls.
Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros
Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros
Northern Illinois University Law Review
This article addresses the barriers and obstacles that are facing parties harmed by transboundary pollution in the Great Lakes ecosystem. The article advocates the breakdown of reciprocal access for parties on both sides of the border. The article further advocates the breakdown of substantive barriers facing parties harmed by transboundary pollutants via the integration of the fragmented regulatory scheme into one holistic environmental statute. The environment must be looked at in a holistic manner, and the breakdown of the substantive and procedural barriers facing parties affected by pollutants is a step in that direction.
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Northern Illinois University Law Review
This article examines Illinois common law theories of liability for owners and operators of leaking underground storage tanks. Specifically, this article explores trespass, nuisance, negligence, and strict liability as theories of recovery for damages caused by leaking underground storage tanks.
Hedonic Damages: Properly A Factor Within Pain And Suffering Under 42 U.S.C. Section 1983, Patrick B. Murray
Hedonic Damages: Properly A Factor Within Pain And Suffering Under 42 U.S.C. Section 1983, Patrick B. Murray
Northern Illinois University Law Review
This article analyzes the developing trend of awarding damages for the loss of life's pleasures, i.e., "hedonic damages." Although framed within the context of 42 U.S.C. § 1983, the article addresses the underlying tort principles to be considered by all courts when fashioning appropriate remedies. Whether hedonic damages should be awarded in addition to those traditionally granted for pain and suffering and whether courts overstep their authority in this area are considered. This article takes the position that hedonic damages are an illegitimate exercise which result in duplicative recovery for the plaintiff and an attempt to punish the defendant commensurate …
Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel
Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel
Northern Illinois University Law Review
This Commentary illustrates how case outcomes and damages can be predicted through the use of simple averaging procedures. The process involves an estimation of probabilities of victory and damages likely to be awarded for each relevant factual matter, and then a calculation of an average estimate used to obtain an overall victory probability and probable damages, This Commentary applies the Policy/Goal Procedure (P/G%) decision-aiding software for attorneys, which was lauded by the Supreme Court in Ballew v. Georgia, through concrete examples.
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Northern Illinois University Law Review
In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.
A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
Northern Illinois University Law Review
A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Northern Illinois University Law Review
This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.