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Articles 1 - 30 of 53
Full-Text Articles in Law
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Using Clinical Practice Guidelines And Knowledge Translation Theory To Cure The Negative Impact Of The National Hospital Peer Review Hearing System On Healthcare Quality, Cost, And Access, Katharine Van Tassel
Katharine Van Tassel
This Article starts with a history of the growth of hospital peer review and then examines the merits of the rationales that motivated the passage of the Health Care Quality Improvement Act of 1986 ('HCQIA'), which catapulted peer review into the national system that exists today. The Article next explains how the peer review hearing process works and how HCQIA turns private hospitals into small, individual quasi-regulatory agencies. The Article goes on to critique the 'bad apples' approach taken by hospital peer review in light of the growing body of empirical research that supports a systems improvement approach to dealing …
Minnesota Comparative Fault—Statutory Reform, Mike Steenson
Minnesota Comparative Fault—Statutory Reform, Mike Steenson
Journal of Law and Practice
No abstract provided.
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh
Akron Law Review
In an opinion anticipating, in part, the advent of the comparative negligence standard in Ohio, Kemock v. Mark II extends common law liability to include liquor vendors who serve already intoxicated patrons who injure themselves and whose injury is the proximate result of continued alcohol consumption. Relying upon an earlier Ohio Supreme Court decision and a California Supreme Court case, the Court of Appeals of Ohio recognizes liability for vendor negligence which damages the drinker. The test for recovery is one not previously applied in cases of this sort in Ohio; one which measures liability by balancing degrees of each …
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Akron Law Review
Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.
Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer
Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer
Akron Law Review
In the case of Wilfong v. Batdorf the Ohio Supreme Court reexamined the issue of the retroactive application of Ohio's comparative negligence statute. Ohio's statute abolishing the defense of contributory negligence in a tort action was passed with an effective date of June 20, 1980, and the court faced the task of deciding whether comparative fault measurements could be used in an action arising prior to the effective date of the statute, but not coming to trial until after the effective date of the act. Previously the court had the opportunity to examine this issue in the case of Viers …
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Faculty Scholarship
The Article presents a comprehensive proposal for assigning liability in tort cases according to the parties’ respective degrees of fault. The authors criticize the Court of Appeals of Maryland’s recent decision in Coleman v. Soccer Association of Columbia declining to abrogate contributory negligence, particularly the court’s notion that it should not act because of the legislature’s repeated failure to do so. The Article provides a comprehensive analysis of the advantages and disadvantages of comparative fault, including its effect on administrative costs, claims frequency, claims severity, insurance premiums, and economic performance. The authors propose the legislative enactment of comparative fault and …
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Donald G Gifford
The Article presents a comprehensive proposal for assigning liability in tort cases according to the parties’ respective degrees of fault. The authors criticize the Court of Appeals of Maryland’s recent decision in Coleman v. Soccer Association of Columbia declining to abrogate contributory negligence, particularly the court’s notion that it should not act because of the legislature’s repeated failure to do so. The Article provides a comprehensive analysis of the advantages and disadvantages of comparative fault, including its effect on administrative costs, claims frequency, claims severity, insurance premiums, and economic performance. The authors propose the legislative enactment of comparative fault and …
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund
Safeway Stores, Inc. V. Nest-Kart: The Culmination Of Li V. Yellow Cab Co., David R. Haglund
Pepperdine Law Review
No abstract provided.
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring
Another Citadel Has Fallen - This Time The Plaintiff's. California Applies Comparative Negligence To Strict Products Liability, Thomas G. Gehring
Pepperdine Law Review
No abstract provided.
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler
Pepperdine Law Review
In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter N. Swisher
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter N. Swisher
Law Faculty Publications
The purpose of this essay is to argue that the time has now come for Virginia, by judicial or legislative action, to abolish its archaic common law tort defense of contributory negligence and replace it with a comparative negligence defense. Adopting a comparative negligence defense would more equitably and more fairly recognize and apportion damages according to the bedrock underlying tort legal principles of accountability, deterrence, and distribution of loss.
Respondent Superior As An Affirmative Defense: How Employers Immunize Themselves From Direct Negligence Claims, J. J. Burns
Respondent Superior As An Affirmative Defense: How Employers Immunize Themselves From Direct Negligence Claims, J. J. Burns
Michigan Law Review
Most courts hold that where a defendant employer admits that it is vicariously liable for its employee's negligence, a plaintiff's additional claims of negligent entrustment, hiring, retention, supervision, and training must be dismissed. Generally, courts apply this rule based on the logic that allowing a plaintiff's additional claims adds no potential liability beyond that which has already been admitted. Furthermore, since the additional claims merely allege a redundant theory of recovery once a respondeat superior admission has been made, the prejudicial evidence of an employee's prior bad acts which often accompanies direct negligence claims against employers can be excluded without …
What Are We Comparing In Comparative Negligence?, Paul H. Edelman
What Are We Comparing In Comparative Negligence?, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. Comparative negligence contrasts with contributory negligence, where any fault attributed to the plaintiff bars recovery. Although comparative negligence routinely governs in tort cases, its most basic feature remains uncertain: how to apportion fault. In this Article, I demonstrate that at least two different methods exist, and that these methods lead to radically different outcomes. I create a framework, building on a traditional model from law and economics, …
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Christopher J Robinette
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
A Practical View Of Farley V. Sartin, Thomas J. Hurney Jr.
West Virginia Law Review
No abstract provided.
Efficiency, Fairness, And Common Sense: The Case For One Action As To Percentage Of Fault In Comparative Negligence Jurisdictions That Have Abolished Or Modified Joint And Several Liability, John S. Hickman
Vanderbilt Law Review
Plaintiffs are the masters of their own actions.' They decide when, where, and whom to sue. Although the law has evolved in ways that limit a plaintiffs procedural choices, plaintiffs enjoy a growing number of situations in which they can recover, and an increase in the number of possible defendants For example, governmental tort liability statutes, while limiting procedural choices, now allow plaintiffs to sue government entities. Modern jurisdictional rules give courts a wider reach and thus enable plaintiffs to reach more defendants in one action. Perhaps most importantly, a plaintiffs own negligence no longer bars recovery in most jurisdictions. …
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Law Faculty Scholarly Articles
Since the adoption of strict products liability over the last thirty years, two problems of scope have received the most attention: how to define product defectiveness to which the liability attaches, and how to limit the potentially limitless liability through defenses. Much like the industries of the nineteenth century, product liability defendants of the twentieth century turned to the plaintiff's conduct as a main line of defense. Blaming the victim has historically been a powerful tool for tort defendants to evade responsibility for their conduct. This Article proposes that the defenses based on victim fault that have evolved in our …
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis
Villanova Law Review
No abstract provided.
Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan
Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan
University of Michigan Journal of Law Reform
This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …
King V. Kayak Manufacturing Corporation: Comparative Assumption Of Risk In West Virginina, Daniel W. Greear
King V. Kayak Manufacturing Corporation: Comparative Assumption Of Risk In West Virginina, Daniel W. Greear
West Virginia Law Review
No abstract provided.
Joint And Several Liability Minnesota Style, Michael K. Steenson
Joint And Several Liability Minnesota Style, Michael K. Steenson
Faculty Scholarship
This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …
The Presumption Of Due Care And The Law Of Comparative Negligence, Michael A. Pellini
The Presumption Of Due Care And The Law Of Comparative Negligence, Michael A. Pellini
Villanova Law Review
No abstract provided.
What Must Cause Injury In Products Liability?, Aaron Gershonowitz
What Must Cause Injury In Products Liability?, Aaron Gershonowitz
Indiana Law Journal
No abstract provided.
Comparative Negligence In West Virginia: Beyond Bradley To Pure Comparative Fault, Jeff L. Lewin
Comparative Negligence In West Virginia: Beyond Bradley To Pure Comparative Fault, Jeff L. Lewin
West Virginia Law Review
No abstract provided.
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
West Virginia Law Review
No abstract provided.
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Law Faculty Articles and Essays
The Sixth Circuit, as other federal courts, is deciding a growing number of product liability cases. The court has been required to carefully explore state substantive law in such complex areas as comparative fault and foreseeability. Several of the recent cases have required application of difficult facts to recognized legal principles. In the following article Professor Werber analyzes key decisions against applicable state law and suggests areas in which the court has applied that law in manners both consistent with, and contrary to, state law. Professor Werber is critical of the court's Erie determination that the Ohio Supreme Court would …
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Kentucky Law Journal
No abstract provided.
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Law Faculty Scholarly Articles
Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …
Comparing Fault, David C. Sobelsohn
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Kentucky Law Journal
No abstract provided.