Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Torts (111)
- West Virginia (34)
- Damages (29)
- Negligence (23)
- Wrongful death (15)
-
- Product liability (13)
- Comparative negligence (9)
- Legislation (9)
- Nuisances (9)
- Contributory negligence (6)
- Liability (6)
- Prenatal injuries (6)
- Conflict of laws (5)
- Government liability (5)
- Joint tortfeasors (5)
- Motor vehicles (5)
- Tort reform (5)
- Contracts (4)
- Evidence (4)
- Family Law (4)
- Personal injuries (4)
- Physicians (4)
- Property (4)
- Proximate cause (4)
- Agency (3)
- Charities (3)
- Compensatory damages (3)
- Hospitals (3)
- Insurance (3)
- Last Clear Chance (3)
- Publication Year
Articles 1 - 30 of 337
Full-Text Articles in Law
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
Addressing The Empty Chair: A Standard For The Sufficiency Notices Of Nonparty Fault, Mckenna Meadows
West Virginia Law Review
No abstract provided.
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
Suits Against Gas-Emitting Landfills In West Virginia: Identifying And Overcoming The Barriers, Shawn H. Hogbin
West Virginia Law Review
The U.S. in the past two decades has experienced an increase in class actions stemming from landfill odors, with many of these lawsuits utilizing the common law doctrines of nuisance, trespass, and negligence. Landfill odors impact nearby residents, making it unenjoyable for them to be outside on their lawns, and even in their homes. West Virginia’s sole appellate court, despite the state having 17 operational landfills and disposing of nearly 1.5 million tons of trash, has seen no such suit. This Note identifies whether West Virginia decisional law is prohibitive of this type of suit; it finds no clear legal …
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
"Alexa, Call My Lawyer!" Determining Liability For Unauthorized Purchases Made On Voice-Based Virtual Assistants, Mark Giancaspro
West Virginia Law Review
No abstract provided.
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
Perverting Incentives When The Priceless Is Not Compensable: Victims’ Subjective Value In Negligence, Yehonatan Shiman
West Virginia Law Review
No abstract provided.
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
West Virginia Law Review
No abstract provided.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
West Virginia Law Review
No abstract provided.
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
Addicted To Hope: Abating The Opioid Epidemic And Seeking Redress From Opioid Distributors For Creating A Public Nuisance, Nathan R. Hamons
West Virginia Law Review
No abstract provided.
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon
"Should" Or "Must"?: Distinguishing Mandates From Guidlines In Tort Claims Contexts, A. G. Harmon
West Virginia Law Review
No abstract provided.
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
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"). …
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
Not Your Mother's Remedy: A Civil Action Response To The Westboro Baptist Church's Military Funeral Demonstrations, Chelsea Brown
West Virginia Law Review
No abstract provided.
West Virginia As A Judicial Hellhole: Why Businesses Fear Litigating In State Courts, Victor E. Schwartz, Sherman Joyce, Cary Silverman
West Virginia As A Judicial Hellhole: Why Businesses Fear Litigating In State Courts, Victor E. Schwartz, Sherman Joyce, Cary Silverman
West Virginia Law Review
No abstract provided.
Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg
Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg
West Virginia Law Review
No abstract provided.
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
West Virginia Law Review
No abstract provided.
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
West Virginia Law Review
No abstract provided.
Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt
Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt
West Virginia Law Review
No abstract provided.
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
This Land Is Your Land (Our Right To The Environment), Victor B. Flatt
West Virginia Law Review
No abstract provided.
Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet
Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet
West Virginia Law Review
No abstract provided.
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Revenge Of The Disappointed Heir: Tortious Interference With Expectation Of Inheritance - A Survey With Analysis Of State Approaches In The Fourth Circuit, Diane J. Klein
West Virginia Law Review
No abstract provided.
Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine
Spoliation Of Evidence In West Virginia: Do Too Many Torts Spoliate The Broth, Sean R. Levine
West Virginia Law Review
No abstract provided.
Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham
Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham
West Virginia Law Review
No abstract provided.
Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe
Recovery Of Medical Monitoring Costs: An Argument For The Fund Mechanism In The Wake Of Bower V. Westinghouse, Shannon L. Smith Wolfe
West Virginia Law Review
No abstract provided.
The Restatement Third, Torts: Products Liability: Progress Or A Radical Departure For West Virginia, J. Zachary Zatezalo
The Restatement Third, Torts: Products Liability: Progress Or A Radical Departure For West Virginia, J. Zachary Zatezalo
West Virginia Law Review
No abstract provided.
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
Tort Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Bad Witches: A Cut On The Clitoris With The Instruments Of Institutional Power And Politics, Joan R. Tarpley
Bad Witches: A Cut On The Clitoris With The Instruments Of Institutional Power And Politics, Joan R. Tarpley
West Virginia Law Review
No abstract provided.
Holsten V. Massey: The Coexistence Of The Public Duty Doctrine And The Governmental Tort Claims And Insurance Reform Act, Stephanie M. Bonnett
Holsten V. Massey: The Coexistence Of The Public Duty Doctrine And The Governmental Tort Claims And Insurance Reform Act, Stephanie M. Bonnett
West Virginia Law Review
No abstract provided.
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell
West Virginia Law Review
No abstract provided.
To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling
To Recover Or Not To Recover: A State By State Survey Of Fetal Wrongful Death Law, Jill D. Washburn Helbling
West Virginia Law Review
No abstract provided.
Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster
Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster
West Virginia Law Review
No abstract provided.