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Torts

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2013

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Articles 1 - 30 of 116

Full-Text Articles in Law

Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock Dec 2013

Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock

Seattle Journal for Social Justice

No abstract provided.


The Seat-Belt Defense In Georgia, Jacob E. Daly Dec 2013

The Seat-Belt Defense In Georgia, Jacob E. Daly

Mercer Law Review

For a doctrine of common-law origin, the seat-belt defense is a relatively youthful fifty years old. Credit for the first use of this defense has been attributed to the defendant in Stockinger v. Dunisch, a 1964 case in Sheboygan County, Wisconsin, in which the plaintiff's damages were reduced by 10% based on the jury's finding that she was negligent for failing to use a seat belt. Despite this initial success, most states have rejected the defense, some legislatively and others judicially, and therefore exclude evidence of a plaintiffs failure to use an available seat belt. The Georgia Court of …


Product Liability, Franklin P. Brannen Jr. Dec 2013

Product Liability, Franklin P. Brannen Jr.

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2012 and May 31, 2013. The Article covers noteworthy cases decided during this period by the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.


Torts, Phillip Comer Griffeth, Cash V. Morris Dec 2013

Torts, Phillip Comer Griffeth, Cash V. Morris

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2012 and May 31, 2013. Throughout this survey period, our appellate courts provided clear recitations of existing tort law, clarified the application and meaning of statutes and existing lines of cases, and recognized liability and defenses in cases of first impression.


A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg Oct 2013

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg

University of Arkansas at Little Rock Law Review

No abstract provided.


Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt Oct 2013

Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt

Michigan Law Review

Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …


Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel Oct 2013

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Vanderbilt Law Review

This Article begins by describing the market for investment in commercial litigationA Litigation-investment transactions share features of existing economic relationships, such as commercial lending, liability insurance, contingent fee-financed representation, and venture capital, but none of these existing practices furnishes a suitable analogy for regulating litigation investment. Like third-party insurance, litigation investment is a way to manage the risk associated with litigation while bringing to bear the particular subject matter expertise of a risk-neutral institutional actor. Insurance companies and litigation investors may be systematically in a better position to reduce the risk of litigation, either through risk pooling or information-cost advantages. …


Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii Sep 2013

Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii

West Virginia Law Review

Plaintiffs whose reputations have suffered irreparable injury from the distribution of defamatory statements have generally been permitted by law to recover damages from the enterprises that distributed the publications known to contain the defamatory material. However, when the enterprise that knowingly distributed the injurious content is an Internet service provider ("ISP"), present law denies that same plaintiff recovery. This perception of ISP immunity flows from a decision by the United States Court of Appeals for the Fourth Circuit in Zeran v. America Online, Inc., where the Court extended certain immunities offered by the Communications Decency Act of 1996 (the "CDA"). …


A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry Sep 2013

A Group’S A Group, No Matter How Small: An Economic Analysis Of Defamation, Alan D. Miller, Ronen Perry

Washington and Lee Law Review

Consider the following: A Jews-for-Jesus bulletin reports, falsely, that a Jewish woman became “a believer in the tenets, the actions, and the philosophy of Jews for Jesus.” Does this publication constitute defamation? Should defamatoriness be determined in accordance with the views of the general non- Jewish community, with those of the Jewish minority, or with a normative ethical commitment? Our Article aims to provide the answers. Part I demonstrates that the de finition of defamatoriness in common law jurisdictions is essentially empirical and distinguishes between the two leading tests—the English test and the American test. Part II.A describes the English, …


An Analysis Of New York State’S Flawed Recovery Scheme In Prenatal Malpractice Actions: Why A Claim Of Nied Should Be Available To Plaintiffs, Amanda Campo Jul 2013

An Analysis Of New York State’S Flawed Recovery Scheme In Prenatal Malpractice Actions: Why A Claim Of Nied Should Be Available To Plaintiffs, Amanda Campo

Pace Law Review

Prior to 2006 mothers could not bring a wrongful death action on behalf of their stillborn child, nor could they bring any personal cause of action, absent a physical injury independent from the unsuccessful birth itself. In 2006, the New York Court of Appeals attempted to fill this gap in the case of Broadnax v. Gonzalez. This Note will analyze whether Broadnax successfully filled this recovery gap. Parts II, III, and IV will discuss the history of a mother’s failed attempts to gain recovery for the death of her stillborn child. Part V will discuss Broadnax. I will argue that …


Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski Jul 2013

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …


Corporate Tort Liability Under The Alien Tort Statute Post-Kiobel, Scott E. Allbright Jr. Jul 2013

Corporate Tort Liability Under The Alien Tort Statute Post-Kiobel, Scott E. Allbright Jr.

University of Miami Business Law Review

No abstract provided.


An Experiment In Law Reform: Amchem Products V. Windsor, Patrick M. Hanlon Jun 2013

An Experiment In Law Reform: Amchem Products V. Windsor, Patrick M. Hanlon

University of Michigan Journal of Law Reform

The Supreme Court's 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambitious settlement class action ever attempted. The settlement was, however, the logical outgrowth of the federal judiciary's efforts in the early 1990s to resolve a "disaster" of "critical proportions." Many factors, not least the Supreme Court's decision in Amchem, turned the tide against this trend. Ironically, however, the post-Amchem world has come to look a lot like Amchem. The settlement's central feature-deferral of unimpaired claims to assure the availability of resources to compensate the sick-was subsequently incorporated (either by statute or through judicial decision) into …


Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili Jun 2013

Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili

San Diego Law Review

This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …


Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice May 2013

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.


Steed V. Imperial Airlines, Clay Plotkin May 2013

Steed V. Imperial Airlines, Clay Plotkin

Pepperdine Law Review

No abstract provided.


The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler May 2013

The Battered Child Syndrome, Jerry A. Ramsey, Byron J. Lawler

Pepperdine Law Review

No abstract provided.


The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. May 2013

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.


Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes May 2013

Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes

Pepperdine Law Review

No abstract provided.


Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler May 2013

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler

Pepperdine Law Review

No abstract provided.


Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman May 2013

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.


A Prescription Warning, Carlton Lee Harpst May 2013

A Prescription Warning, Carlton Lee Harpst

Pepperdine Law Review

No abstract provided.


The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin May 2013

The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.


California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow May 2013

California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow

Pepperdine Law Review

No abstract provided.


Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey May 2013

Comparative Fault And Strict Products Liability: Are They Compatible?, C. R. Hickey

Pepperdine Law Review

No abstract provided.


Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr May 2013

Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr

Pepperdine Law Review

No abstract provided.


Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson May 2013

Emergence Of The "Tender Years" Doctrine: Too Young To Drink, But Capable Of Escaping The Civil Consequences?, William R. Slomanson

Pepperdine Law Review

No abstract provided.


Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola May 2013

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola

William & Mary Journal of Race, Gender, and Social Justice

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …


Poetry As Evidence, Gregory S. Parks, Rashawn Ray May 2013

Poetry As Evidence, Gregory S. Parks, Rashawn Ray

UC Irvine Law Review

No abstract provided.


Workers' Compensation: Alternatives Are Limited, Irvin Stander Apr 2013

Workers' Compensation: Alternatives Are Limited, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.