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Full-Text Articles in Law
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
Chicago-Kent Law Review
No abstract provided.
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
Material Contribution To Risk In The Canadian Law Of Toxic Torts, Lynda M. Collins
Material Contribution To Risk In The Canadian Law Of Toxic Torts, Lynda M. Collins
Chicago-Kent Law Review
Causation is acknowledged as the single biggest hurdle to recovery for plaintiffs in toxic tort actions in Canada (and elsewhere). Scientific uncertainty involving questions of both generic and specific causation has frequently precluded recovery for plaintiffs even where defendants have negligently exposed them to toxic risk. Three types of uncertainty have been identified: plaintiff indeterminacy (where we know that the defendant has harmed some proportion of a particular population but no individual can prove causation); defendant indeterminacy (where we know that a group of defendants has harmed a particular plaintiff or plaintiffs but each can escape liability by pointing the …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …