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Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells
Proximate Cause And The American Law Institute: The False Choice Between The "Direct Consequences" Test And The "Risk Standard", Michael Wells
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This article takes a new look at an old problem that lies at the heart of tort law: How does one define the scope of liability when a negligent actor causes unforeseeable harm? This topic once drew the attention of such legal giants as Benjamin Cardozo, Robert Keeton, and William Prosser. Today it seems largely forgotten, except for a class or two in first year torts courses.
The occasion for examining the unforeseeable harm issue is the proposed revision of the Restatement (Third) of Torts by the American Law Institute ("ALI"). In a tentative draft of portions of the Restatement …
Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii
Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii
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Liability insurers generally do not owe any common law duties to injured third-party claimants who sue their insureds. After establishing (as a conceptual backdrop) the important and recognized public policies favoring prompt and fair payments by liability insurers to injured third-party claimants, this article analyzes whether claimants can effectively use the tort of abuse of process to hold liability insurers accountable when they engage in bad faith litigation tactics. The article identifies the problems that claimants may face in alleging abuse of process in the liability insurance setting, but also indicates that recent trends in this area of law suggest …
Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley
Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley
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On April 25, 2003, the University of Nevada, Las Vegas (“UNLV”) Center for Democratic Culture (“CDC”) and the William S. Boyd School of Law sponsored a one-day symposium addressing issues of tort reform. In particular, the Forum addressed concerns regarding construction defect litigation and medical malpractice, two areas of current and substantial concern in Nevada. As reflected in the discussion at the Forum, both topics received considerable attention from the Nevada State Legislature during its 2003 Session. Ultimately, the legislature enacted amendments to state statutes governing claims for defective construction. Despite significant lobbying by physicians and insurers, the legislature did …