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- Torts (16)
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Articles 1 - 30 of 100
Full-Text Articles in Law
The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright
The Efficiency Theory Of Causation And Responsibility: Unscientific Formalism And False Semantics, In Symposium, Causation In The Law Of Torts, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Contribution, Claim Reduction,And Individual Treble Damage Responsibility: Which Path To Reform Of Antitrust Remedies?, Edward D. Cavanagh
Contribution, Claim Reduction,And Individual Treble Damage Responsibility: Which Path To Reform Of Antitrust Remedies?, Edward D. Cavanagh
Vanderbilt Law Review
Antitrust violations traditionally have been viewed as statutory torts,' yet tort principles of damage allocation, including contribution and claim reduction, have not been extended by analogy in the federal courts to antitrust cases. Moreover, the principle of joint and several liability, made applicable to antitrust conspirators by judicial fiat some eighty years ago, has gone largely unchallenged. While the federal antitrust laws are nearly a century old, the damage allocation debate is of recent vintage, emerging in the wake of the Electrical Equipment Cases, when the private treble damage remedy came into its own.
The recent emergence of contribution and …
Implied Covenants Of Good Faith And Fair Dealing: Loose Cannons Of Liability For Financial Institutions?, Patricia A. Milon
Implied Covenants Of Good Faith And Fair Dealing: Loose Cannons Of Liability For Financial Institutions?, Patricia A. Milon
Vanderbilt Law Review
The recent willingness of many courts and juries to impose liability on financial institutions has prompted an increasing number of customers to bring suits against their banks and creditors. These suits often involve claims for millions of dollars in both compensatory and punitive damages for alleged bank or creditor misconduct. For example, the Sixth Circuit recently affirmed a jury award of seven and one half million dollars to a borrower whose lender suddenly refused to advance funds under a line of credit agreement. In similar cases involving a bank's refusal to lend money under credit agreements, a California jury awarded …
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Washington Law Review
The procedural due process questions raised by Section 401 differ in substantial ways from questions in traditional procedural due process cases. In most of the decided cases a governmental body or a private individual was attempting to harm the interests of the person claiming due process protection. Due process requirements were established as protections for the defendant. Only a few of the cases involved a claim of due process in access to a judicial remedy. Persons contesting the constitutionality of Section 401 will argue that the limitations imposed and the procedures required by that Section fail to meet the requirements …
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Washington and Lee Law Review
No abstract provided.
Did Falwell Hustle Hustler? Allowing Public Figures To Recover Emotional Distress Damages For Nonlibelous Satire
Washington and Lee Law Review
No abstract provided.
Will Tort Reform Combat The Medical Malpractice Insurance Availability And Affordability Problems That Virginia's Physicians Are Facing?
Washington and Lee Law Review
No abstract provided.
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Dalhousie Law Journal
The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Cornell Law Faculty Publications
No abstract provided.
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Michigan Law Review
This article examines this dissonance between accepted theory and observed reality, between what the model envisions and what the tort system seems to deliver. After sketching the model in greater detail, the first section of the article reviews restraints within tort law on the achievement of efficient outcomes. The analysis then turns to the broader legal environment, and describes how legally sanctioned means of liability evasion - such as the corporate law doctrine of limited liability and the bankruptcy rules permitting discharge of obligations - may further undermine the practical utility of the social efficiency model of tort. The final …
The Social Insurance-Deterrence Dilemma Of Modern North American Tort Law: A Canadian Perspective On The Liability Insurance Crisis, Michael J. Trebilcock
The Social Insurance-Deterrence Dilemma Of Modern North American Tort Law: A Canadian Perspective On The Liability Insurance Crisis, Michael J. Trebilcock
San Diego Law Review
This Article surveys the trends in the United States and Canadian tort systems and discusses how they have impacted American and Canadian liability insurance markets. A major thesis of this Article is that the changing complexion of the United States tort system, paralleled by similar trends in Canada, explains many of the recent problems in availability, affordability and adequacy of liability insurance. Changes in parameters of liability and quantum of damage have made it increasingly difficult for insurers to price various types of risks. In particular, the author argues that attempts to pursue deterrence objectives and compensation (social insurance) objectives …
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Products Liability-Proximate Cause, Intervening Cause, And Duty, David A. Fischer
Faculty Publications
The primary emphasis of this article will be on the application of proximate cause in strict liability cases involving physical harm to person or property. This includes breach of implied warranty cases causing physical harm as well as strict tort liability cases. For purposes of the matters discussed in this article, the two theories are essentially the same. The major difference between the theories is that warranty law may recognize some contract defenses that do not apply in strict tort cases. The article will also discuss negligence cases for purposes of comparison and contrast with the strict liability cases. This …
What Must Cause Injury In Products Liability?, Aaron Gershonowitz
What Must Cause Injury In Products Liability?, Aaron Gershonowitz
Indiana Law Journal
No abstract provided.
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
University of Arkansas at Little Rock Law Review
No abstract provided.
Class Actions For Mass Torts: Doing Individual Justice By Collective Means, David Rosenberg
Class Actions For Mass Torts: Doing Individual Justice By Collective Means, David Rosenberg
Indiana Law Journal
No abstract provided.
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Byrd V. Lohr, 488 So. 2d 138 (Fla. 5th Dca 1986), Diane Wagner Carr
Florida State University Law Review
Torts-PUNITIVE DAMAGES-THE FLORIDA SUPREME COURT IS ASKED TO DECIDE WHETHER PUNITIVE DAMAGES MAY BE AWARDED AGAINST A DECEASED TORTFEASOR'S ESTATE
Serious Tort Law Reform, Stephen D. Sugarman
Serious Tort Law Reform, Stephen D. Sugarman
San Diego Law Review
In this Article, the author argues that tort law generates more perverse behavior than safety and that it is an expensive and unfair system of compensating victims. The author critiques various attempts at tort law reform, suggests abandoning the traditional form of tort law as it exists today, and proposes several wide-ranging changes in the areas of compensation and damages.
Up With Torts, Joseph W. Little
Up With Torts, Joseph W. Little
San Diego Law Review
This author presents an additional critique of Prof. Sugarman's tort reform proposal. The author argues that, while tort law does have its problems, potential tort law reforms should be made within the existing tort law framework, rather than completely abandoning the law of torts.
On Sugarman On Tort-Chopping, Oscar S. Gray
On Sugarman On Tort-Chopping, Oscar S. Gray
San Diego Law Review
In this Article, the author critiques Prof. Sugarman's tort reform proposal. While agreeing with Prof. Sugarman's overall proposal, the author suggests that reform could better be achieved through following the themes that have been developing in twentieth century tort law, rather than repudiating the entire system.
How Serious Is Sugarman's "Serious Tort Law Reform"?, Monroe Berkowitz
How Serious Is Sugarman's "Serious Tort Law Reform"?, Monroe Berkowitz
San Diego Law Review
This author again presents a critique of Prof. Sugarman's tort reform proposal. The author argues that, while Prof. Sugarman's critique and analysis of the problems of current tort law are valid, his solutions will not lead to the desired result.
Serious Tort Reform Isn't: A Critique Of Professor Sugarman's "Serious Tort Law Reform", Harry M. Snyder
Serious Tort Reform Isn't: A Critique Of Professor Sugarman's "Serious Tort Law Reform", Harry M. Snyder
San Diego Law Review
In another critique of Prof. Sugarman's proposal, the author argues that Prof. Sugarman's proposals do little to practically solve the current problems of victim compensation, and in fact leave many victims uncompensated and does not provide incentives for safe behavior. The author further argues that Prof. Sugarman's proposals lack the requisite impartiality to objectively effect serious tort reform.
Defining The Agenda For Serious Tort Reform, Alfred W. Cortese Jr., Yosef J. Riemer
Defining The Agenda For Serious Tort Reform, Alfred W. Cortese Jr., Yosef J. Riemer
San Diego Law Review
In this Article, the authors support Prof. Sugarman's tort reform proposals, but argue that these proposals need more development before they will produce actual change.
North America's Most Ambitious No-Fault Law: Quebec's Auto Insurance Act, Jeffrey O'Connell, Charles Tenser
North America's Most Ambitious No-Fault Law: Quebec's Auto Insurance Act, Jeffrey O'Connell, Charles Tenser
San Diego Law Review
In this Article, the authors describe the Automobile Insurance Act of Quebec, its provisions for damages, and its exceptions.
Wrongful Death Damages In California: On The Brink Of Full Compensation, Thomas E. Courtney Jr.
Wrongful Death Damages In California: On The Brink Of Full Compensation, Thomas E. Courtney Jr.
San Diego Law Review
This Comment addresses the denial by California courts of mental anguish damages in wrongful death actions, despite strong policy reasons to the contrary. The author discusses the inconsistencies that exist when outdated legal doctrine preclude compensation for a recognized, legitimate element of damages, and proposes that mental anguish damages be recognized in wrongful death actions. Additionally, the author explores the concept of "hedonic value" and its potential application in wrongful death damage assessment.
Wickline V. State: The Emerging Liability Of Third Party Health Care Payors, Dorsett Marc Lyde
Wickline V. State: The Emerging Liability Of Third Party Health Care Payors, Dorsett Marc Lyde
San Diego Law Review
This Comment examines the issue of liability of third party health care payors in light of the decision in Wickline v. State. The author argues that third party payor liability for modern medicine is experiencing a tension that revolves around the need for quality medical care and the concurrent problem of the rising cost of medical services. The author further argues that third party payors are being pressured by California courts to provide carefully designed benefit programs that allow physicians to make quality health care decisions without having to worry about the payment source of additional costs. The author assesses …
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
University of Michigan Journal of Law Reform
This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
University of Michigan Journal of Law Reform
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).
Comparative Negligence In West Virginia: Beyond Bradley To Pure Comparative Fault, Jeff L. Lewin
Comparative Negligence In West Virginia: Beyond Bradley To Pure Comparative Fault, Jeff L. Lewin
West Virginia Law Review
No abstract provided.
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
Michigan Law Review
This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …
The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab
The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications