Law Commons^™

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

One hundred years ago, on a stultifyingly hot summer morning, Andrew Borden, a wealthy, eccentric miser, and his second wife, Abby, were brutally hacked to death in their tiny home in Fall River, Massachusetts.' The peaceful community was shattered by this gruesome event and by the sensational murder trial of Mr. Borden's younger daughter, Elizabeth Andrew Borden. Following her unexpected acquittal, the increasingly reclusive Miss Borden lived on in Fall River, enjoying her inherited wealth, but always a social outcast, taunted by the children chanting just beyond her garden wall:

Lizzie Borden took an ax, Gave her mother forty whacks. …

Survey Of Utah Strict Products Liability Law: From Hahn To The Present And Beyond, Robert A. Mcconnell

BYU Law Review

No abstract provided.

Reconceptualizing Sovereign Immunity, Harold J. Krent

Vanderbilt Law Review

The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …

Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan

University of Michigan Journal of Law Reform

This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …

From Andrews To Woodson And Beyond: The Development Of The Intentional Tort Exception To The Exclusive Remedy Provision - Rescuing North Carolina Workers From Treacherous Waters, David L. Lambert

North Carolina Central Law Review

No abstract provided.

Hypnotic Memories And Civil Sexual Abuse Trials, Jacqueline Kanovitz

Vanderbilt Law Review

In the next few paragraphs, the reader will eavesdrop on a psycho- therapy session. During this session, the therapist uses hypnosis, a common technique in clinical practice today. In the past, the legal system has paid little attention to the memory retrieval techniques used in psychotherapy because statutes of limitations have prevented patients from using memories of childhood wrongs uncovered in adult psycho-therapies to bring suit. However, recent changes will force the legal system to examine whether the memory restoring techniques used in psychotherapy can produce memory that is trustworthy enough for the legal system to accept. What follows is …

Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.

Parent Corporate Liability For Hazardous Substance Release From On-Shore Facilities In The International Market: Legal Approaches Of The United States, The European Community And Germany, Alicia Stone

In the Public Interest

No abstract provided.

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.

Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger

Washington and Lee Law Review

No abstract provided.

Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez

San Diego Law Review

This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The …

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …

What Dan Quayle Doesn't Know About Punitive Damages, David H. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak

University of Arkansas at Little Rock Law Review

No abstract provided.

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.

Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen

West Virginia Law Review

No abstract provided.

Charles Handbook On Assessment Of Damages In Personal Injury Cases, Roger Harris

Dalhousie Law Journal

This is the second edition of Professor Charles' aptly titled Handbook. The first edition was a simple reprint of a thirty-three page article that was originally published in the Canadian Cases on the Law of Torts, together with the 1978 Supreme Court "Trilogy"judgements themselves. While it provided a convenient capsulization of the issues, it clearly lacked the depth necessary to deal fully with many of the complexities involved, and the rationale for its publication was questionable (no matter how eminent its author or handsome its presentation, can any case comment really be worth $40.00?). Happily, the second edition has developed …

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi

Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg

University of Arkansas at Little Rock Law Review

No abstract provided.

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.

Strict Liability For Handgun Manufacturers: A Reply To Professor Oliver, Andrew J. Mcclurg

University of Arkansas at Little Rock Law Review

No abstract provided.

Aids Vaccine Manufacturers V. Tort Regime: The Need For Alternatives, Kellen F. Cloney

Washington and Lee Law Review

No abstract provided.

The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson

University of Michigan Journal of Law Reform

This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …

The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker

Kentucky Law Journal

No abstract provided.

Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz

University of Baltimore Law Review

No abstract provided.

Tort Law And The Demands Of Corrective Justice, Jules L. Coleman

Indiana Law Journal

No abstract provided.

Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck

Seattle University Law Review

This Article first reviews what a study of the 1986 Tort Reform Act reveals to be problems created by that Act for negotiators of settlements in tort suits. These problems are greatest for fault-free plaintiffs. Next, a summary of the previous law governing joint and several liability provides an understanding of these problems and the changes negotiators should make in their negotiation strategies. The court's success in avoiding the mandated disaster for the Workers Compensation Fund raises the possibility that the court may also provide fault-free plaintiffs with an easier escape from the perils and pitfalls created by the Act …

Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg

University of Richmond Law Review

Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.

Notes: Torts — Government Immunity — Police Officer Pursuing Suspect Owes Duty Of Care To Third Parties Injured By The Fleeing Suspect; Injured Plaintiff Can Recover From State And Political Subdivisions If Officer Was Negligent In Commencing And Maintaining Pursuit. Boyer V. State, 323 Md. 558, 594 A.2d 121 (1991), Phillip M. Pickus

University of Baltimore Law Review

No abstract provided.

Personal Liability Of Corporate Officials In Ejectment Actions: Evolution Of The Tort And The Implications Of Metromedia Co. V. Wcbm Maryland, Inc., Lawrence S. Greenwald, Charles S. Hirsch

University of Baltimore Law Review

No abstract provided.