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- University at Buffalo School of Law (4)
- University of Richmond (4)
- University of Michigan Law School (3)
- University of Washington School of Law (3)
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- Negligence (8)
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- Jeffrey O'Connell (3)
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- Property law (2)
- Strict liability (2)
- The Injury Industry and the Remedy of No-Fault Insurance (2)
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- Adams v. Egley (1)
- Alcoholic beverages; Negligence (1)
- Assumed risk (1)
- Berger v. Amana Society (1)
- Bosch v. Meeker Cooperative Light & Power Association (1)
- Callous Failure to Rescue (1)
- Causes of action (1)
- Chafee (1)
- Charles T. Locke (1)
- Chernerv. Transitron Electronic Corp (1)
Articles 1 - 30 of 61
Full-Text Articles in Law
U.C.C. - Statute Of Limitations - Conflict Between Personal Injury And Sales Contract Statutes Of Limitations, Harvey D. Peyton
U.C.C. - Statute Of Limitations - Conflict Between Personal Injury And Sales Contract Statutes Of Limitations, Harvey D. Peyton
West Virginia Law Review
No abstract provided.
Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser
Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser
St. Mary's Law Journal
Abstract Forthcoming.
The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell
The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell
St. Mary's Law Journal
Abstract Forthcoming.
Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan
St. Mary's Law Journal
Abstract Forthcoming.
Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine
St. Mary's Law Journal
Abstract Forthcoming.
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
St. Mary's Law Journal
Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Due Process--Replevin Statutes Allowing Seizure of Property Without Notice and Opportunity for Hearing Violate Due Process Clause of Fourteenth Amendment
Constitutional Law--Right to Counsel--Absent Waiver,No Defendant May Be Imprisoned Unless Represented By Counsel At Trial
Federal Rules of Civil Procedure-Class Actions-Class Action Alleging Similar Injury by Separate Defendants Who Acted Similarly but Independently Allowed Under Rule 23(b)(3)
Securities Regulation--Securities Act of 1933-Access Of All Offerees To Additional Desired Information Required For Section 4(2) Private Offering Exemption
Torts-Joint Tort-feasors--Apportionment of Damages Among Negligent Joint Tort-feasors Based upon Relative Responsibility of Parties
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Buffalo Law Review
Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).
Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers
Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers
West Virginia Law Review
No abstract provided.
Contributory Negligence As A Per Se Breach Of The Stevedore's Implied W Arranty
Contributory Negligence As A Per Se Breach Of The Stevedore's Implied W Arranty
Washington and Lee Law Review
No abstract provided.
Negligence--Intoxicating Liquors--Vendor's Liability For Damages By Intoxicated Patrons, Roger A. Wolfe
Negligence--Intoxicating Liquors--Vendor's Liability For Damages By Intoxicated Patrons, Roger A. Wolfe
West Virginia Law Review
No abstract provided.
Torts--Liability Imposed On General Contractor For Independent Contractor Negligence
Torts--Liability Imposed On General Contractor For Independent Contractor Negligence
West Virginia Law Review
No abstract provided.
Wrongful Death Action--Death Of Viable Unborn Child From Prenatal Injury
Wrongful Death Action--Death Of Viable Unborn Child From Prenatal Injury
West Virginia Law Review
No abstract provided.
Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon
Washington Law Review
In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Washington Law Review
Warner arose out of the death of a twenty-one year old college student. Alleging that the death was caused by improper diagnosis and care and by administration of unsafe drugs, her parents, individually, and her father, as administrator of her estate, brought suit for damages against the doctor, hospital, and pharmaceutical company on the grounds of negligence and breach of warranty. The parents' individual claims were dismissed because the parents were not dependents of the decedent, but the estate's claim was entertained. One of the items of damage claimed by the estate was "disability in consequence of a medical condition" …
Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson
Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson
St. Mary's Law Journal
Abstract Forthcoming.
A Paying Patient In A County Hospital May Not Maintain A Cause Of Action In Tort In The Event Of Injuries Sustained As The Result Of The Negligence Of Hospital Employees., Larry R. Patton
St. Mary's Law Journal
Abstract Forthcoming.
A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez
St. Mary's Law Journal
Abstract Forthcoming.
Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden
Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden
St. Mary's Law Journal
Abstract Forthcoming.
Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon
Washington Law Review
Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …
Law Of Products Liability In West Virginia, Thomas C. Cady
Law Of Products Liability In West Virginia, Thomas C. Cady
West Virginia Law Review
We are now all well-accustomed to rapid change. Alvin Toffler writes in his book, aptly titled Future Shock, that the rate of change in society today is accelerating and has become a major challenge to the individual's capacity to adapt and cope. In striking similarity, the change in products liability law has been so rapid that it presents one of the most fascinating examples of the common law's flexibility and its leadership role in social change. The purpose of this article is to detect, hopefully, the current state of the law of products liability in West Virginia and to make …
Recent Development, Law Review Staff
Recent Development, Law Review Staff
Vanderbilt Law Review
This Comment will explore the origin, evolution, and refinement of the common-law classifications, with particular focus upon recent decisions abrogating these distinctions in favor of a broader standard of ordinary care under the circumstances.
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The problem of defining a landowner's' responsibility toward persons who come upon his premises has been the subject of longstanding controversy. While some commentators have argued that the limited responsibility placed by the common law on landowners does not comport with modern principles of negligence liability proponents of the common-law standards have urged that the common-law scheme of entrant classes--trespasser, licensee, invitee--provides a workable approach …
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe
Indiana Law Journal
No abstract provided.
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan
Indiana Law Journal
No abstract provided.
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher
Indiana Law Journal
No abstract provided.
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
William & Mary Law Review
No abstract provided.
Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review
Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review
Michigan Law Review
The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …
Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review
Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review
Michigan Law Review
A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
University of Michigan Journal of Law Reform
This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
University of Richmond Law Review
In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …