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Articles 1 - 30 of 42
Full-Text Articles in Law
Torts, Hardy Gregory Jr.
Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii
Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii
Mercer Law Review
In Strickland v. Hodges, the Georgia Court of Appeals held that there is no independent right of action in a parent for emotional harm suffered upon witnessing the extent of the injury his child has sustained as a result of a defendant's wilful and wanton negligence. An eleven year old girl suffered serious injuries arising out of a collision between the automobile in which she was riding and an automobile negligently operated by the defendant while admittedly under the influence of intoxicants. Although the child's parents were not present at the time of the accident, they became aware of …
The Abolishment Of Contributory Negligence As A Defense In North Carolina, Julian T. Pierce
The Abolishment Of Contributory Negligence As A Defense In North Carolina, Julian T. Pierce
North Carolina Central Law Review
No abstract provided.
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer
Buffalo Law Review
No abstract provided.
A Cure For The Plaintiff's Ills?, Andrew C. Mallor
A Cure For The Plaintiff's Ills?, Andrew C. Mallor
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The Insurer's Dilemma, Mark W. Gray
The Insurer's Dilemma, Mark W. Gray
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal
A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The 1975 Indiana Medical Malpractice Act
The 1975 Indiana Medical Malpractice Act
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
Is Malpractice Insurable?, Geoffrey Segar
Is Malpractice Insurable?, Geoffrey Segar
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The Torts Process, Peter N. Swan
Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar
Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar
St. Mary's Law Journal
Abstract Forthcoming.
Williamson V. Memorial Hospital, 307 So. 2d 199 (Fla. 1st Dist. Ct. App. 1975), Linda Jones Wells
Williamson V. Memorial Hospital, 307 So. 2d 199 (Fla. 1st Dist. Ct. App. 1975), Linda Jones Wells
Florida State University Law Review
Products Liability- BLOOD TRANSFUSIONS- "IMPLIED WARRANTY" ACTION AGAINST BLOOD SUPPLIERS REQUIRES SHOWING OF DETECTABLE DEFECT AND NEGLIGENCE.
Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers
Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers
West Virginia Law Review
No abstract provided.
Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs
Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs
St. Mary's Law Journal
Abstract Forthcoming.
Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington
Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington
St. Mary's Law Journal
Abstract Forthcoming.
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
St. Mary's Law Journal
A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …
Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey
BYU Law Review
No abstract provided.
Torts --Attractive Nuisance--New Rationale For Refusing To Extend Liability For Injuries Caused By Natural Conditions--Loney V. Mcphillips
BYU Law Review
No abstract provided.
Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton
BYU Law Review
No abstract provided.
The Constitutionality Of Automobile Guest Statutes: A Roadmap To The Recent Equal Protection Challenges, David K. Detton
The Constitutionality Of Automobile Guest Statutes: A Roadmap To The Recent Equal Protection Challenges, David K. Detton
BYU Law Review
No abstract provided.
Workmen's Compensation: A Vehicle For Compensating The Good Samaritan, Jeffrey L. Tanenbaum
Workmen's Compensation: A Vehicle For Compensating The Good Samaritan, Jeffrey L. Tanenbaum
Buffalo Law Review
No abstract provided.
Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.
Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.
Vanderbilt Law Review
Conflicts of Law--Federal Preemption--Aviation Law
Appellant-defendants, the United States' and a national airline whose plane had been involved in a mid-air collision while under radar direction from the FAA, agreed to a settlement of the resulting actions for wrongful death that had been initiated in various federal district courts and consolidated in the Southern District of Indiana. Appellants then sought indemnity and contribution by cross-claim and third-party complaints against appellee-defendants, the owners of the other plane involved in the collision and the estate of its student pilot. The appellees contended that since no right to indemnity and contribution existed under …
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
St. Mary's Law Journal
Since 1854, the United States has followed the English rule regarding ship collision cases: where both vessels involved in a collision are at fault, each party is responsible for one-half of the total damages regardless of its respective degree of blame. At the time, the rule was considered necessary to provide just and equitable results in admiralty litigation. However, the harshness of the rule justifies its disregard in favor of more equitable remedies. The problem with divided damages can be illustrated by the following scenario: a small pleasure craft and an oil tanker collide. The pleasure craft is only slightly …
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
Washington Law Review
Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Journal
No abstract provided.
Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue
University of Richmond Law Review
In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.
Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg
Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Elimination Of "Unreasonably Dangerous" From § 402a - The Price Of Consumer Safety?, Judith Haskell Zernich
Elimination Of "Unreasonably Dangerous" From § 402a - The Price Of Consumer Safety?, Judith Haskell Zernich
Duquesne Law Review
No abstract provided.