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Full-Text Articles in Law
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 …
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.
Robinson Crusoe Torts, Carl M. Sellinger
Robinson Crusoe Torts, Carl M. Sellinger
West Virginia Law Review
No abstract provided.
A Proposal For West Virginia: Admissibility Of Seat Belt Evidence On The Issue Of Mitigation Damages, Michelle Lafond
A Proposal For West Virginia: Admissibility Of Seat Belt Evidence On The Issue Of Mitigation Damages, Michelle Lafond
West Virginia Law Review
No abstract provided.
Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy
Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy
West Virginia Law Review
No abstract provided.
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
West Virginia Law Review
In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …
Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton
Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton
West Virginia Law Review
No abstract provided.
Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler
Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler
West Virginia Law Review
No abstract provided.
Torts--Damages--Mother's Recovery For Emotional Trauma And Physical Injury When Not Within The Zone Of Impact
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, David Gail Hanlon
Abstracts Of Recent Cases, David Gail Hanlon
West Virginia Law Review
No abstract provided.
Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.
Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.
West Virginia Law Review
No abstract provided.
Conflict Of Laws--Wrongful Death Measures Of Damages--Substantive Or Procedural?, Earl Moss Curry Jr.
Conflict Of Laws--Wrongful Death Measures Of Damages--Substantive Or Procedural?, Earl Moss Curry Jr.
West Virginia Law Review
No abstract provided.
Damages--Exemplary Damages--Requirements Of Exemplary Damages, Eugene Triplett Hague Jr.
Damages--Exemplary Damages--Requirements Of Exemplary Damages, Eugene Triplett Hague Jr.
West Virginia Law Review
No abstract provided.
Permanent Injury: General Or Special Damage, Nick George Zegrea
Permanent Injury: General Or Special Damage, Nick George Zegrea
West Virginia Law Review
With the recent adoption of the West Virginia Rules of Civil Procedure, the function of the pleadings in an action is to give notice. Formulation of the issues for trial is now left largely to deposition and discovery practice under Rules 26 through 37, and pre-trial conferences under Rule 16. An exception to this concept of notice-pleading is Rule 9, which requires that some items be pleaded specially. The scope of this note is to examine one subdivision of the rule: "special damage." In particular, the examination of this subdivision will be directed to the inquiry of whether a permanent …
Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook
Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook
West Virginia Law Review
No abstract provided.
Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill
Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill
West Virginia Law Review
No abstract provided.
Damages--Collateral Source Rule, Lee O'Hanlon Hill
Damages--Collateral Source Rule, Lee O'Hanlon Hill
West Virginia Law Review
No abstract provided.
Damages--Corporations--Corporate Liability For Exemplary Damages, Nick George Zegrea
Damages--Corporations--Corporate Liability For Exemplary Damages, Nick George Zegrea
West Virginia Law Review
No abstract provided.
Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones
Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones
West Virginia Law Review
No abstract provided.
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.
West Virginia Law Review
No abstract provided.
New Hope For The Defense--The Rule Of Botta V. Brunner, R. C. P.
New Hope For The Defense--The Rule Of Botta V. Brunner, R. C. P.
West Virginia Law Review
No abstract provided.
The Inadequate Award In West Virginia, C. H. B. Jr.
The Inadequate Award In West Virginia, C. H. B. Jr.
West Virginia Law Review
No abstract provided.
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
Criminal Conservation--Damages--Refusal Of Writ Of Error, Fletcher W. Mann
West Virginia Law Review
No abstract provided.
Equity--Specific Performance--Mutuality Of Remedy, E. H. Y.
Equity--Specific Performance--Mutuality Of Remedy, E. H. Y.
West Virginia Law Review
No abstract provided.
Damages--Measure Of Damage For Wrongful Removal Of Coal, G. D. H.
Damages--Measure Of Damage For Wrongful Removal Of Coal, G. D. H.
West Virginia Law Review
No abstract provided.
Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C.
Can Damages Be Recovered In An Action Of Unlawful Entry And Detainer Instituted In A Circuit Court?, L. C.
West Virginia Law Review
No abstract provided.
Reversal And Retrial Exclusively On The Quantum Of Damages, L. C.
Reversal And Retrial Exclusively On The Quantum Of Damages, L. C.
West Virginia Law Review
No abstract provided.
Trespass--Cutting Timbers--Damages--Innocent Conversion
Trespass--Cutting Timbers--Damages--Innocent Conversion
West Virginia Law Review
No abstract provided.