Law Commons^™

Understanding Joint And Several Liability, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Products Liability Law In Georgia Including Recent Developments, Robert M. Travis, Edward C. Brewer Iii

Mercer Law Review

This Article contains both a summary of products liability law in Georgia and a general overview of recent significant decisions in the products liability area. The authors' objective is to acquaint the reader with products liability law in Georgia and to review important new decisions which affect this rapidly evolving area.

• Theories of Recovery
• Parties in Product Liability Actions
• Defenses
• Damages

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

It was a survey period marked by the lack of reconciliation. As always, the victims of civil wrongs other than breaches of contract, unreconciled to the perpetrators of those wrongs, sought redress instead 'in the courts, especially, for present purposes, the appellate courts. Plaintiffs remained unreconciled to the limitations on their rights in malpractice cases and prosecuted more appeals than ever in this burgeoning legal field. Defendants of many stripes, and some plaintiffs, too, unreconciled to the litigational tactics of their adversaries, continued to flood the courts with allegations of abusive litigation. The courts themselves, apparently unreconciled to some of …

Star Gazing: The Future Of American Products Liability Law, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …

The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks

BYU Law Review

No abstract provided.

Rejecting The "Whipping-Boy" Approach To Tort Law: Well-Made Handguns Are Not Defective Products, Philip D. Oliver

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock

University of Arkansas at Little Rock Law Review

No abstract provided.

When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz

Florida State University Law Review

No abstract provided.

Clark Memorandum: Fall 1991, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Varied Carols (Ronald Sasine)
• Balance (Robert L. Backman)
• The Sweet Taste of Irony (Frederick Mark Geddicks)
• In Defense of American Tort Law (Ralph L. Dewsnup)
• Reflections on a Changing Era (Carl S. Hawkins)

Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley

Dalhousie Law Journal

Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …

Canadian Tort Law: A Review For The Nineties, B T. Hill

Dalhousie Law Journal

My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …

Constructing A New Action For Negligent Infliction Of Economic Loss: Building On Cardozo And Coase, Michael D. Lieder

Washington Law Review

This Article proposes the creation of a new tort of negligent infliction of economic loss, a hybrid of negligence, negligent representation, and breach of contract. An action in this new tort would permit an injured party to recover for economic loss caused by a person with whom the party is not in contractual privity. This Article focuses on the infliction of economic loss by negligent construction, where courts have applied various doctrines and arrived at six distinct and inconsistent approaches to liability issues. This Article provides a solution applicable to litigation for negligent construction. Any action should protect an injured …

Toward A Synthesis Of Product Liability Principles: Schwartz's Model And The Cost-Minimization Alternative, Kathryn Dix Sowle

University of Miami Law Review

No abstract provided.

Variations On A Theme: Application Of Masson V. New Yorker Magazine, Inc. To A Spectrum Of Misquotation Libel Cases

Washington and Lee Law Review

No abstract provided.

Protective Orders In Products Liability Litigation: Striking The Proper Balance

Washington and Lee Law Review

No abstract provided.

The Georgia Jury And Negligence: The View From The Bench, R. Perry Sentell Jr.

Scholarly Works

It is virtually impossible to think seriously about torts and not think of negligence; it is virtually impossible to think seriously about negligence and not think of the jury. The staples of the common-law negligence system--striking a liability profile, and assessing a causal loss--are the staples of the civil jury province. The historic inevitableness of the fact, however, has never put the matter beyond reflection, scrutiny, reconsideration, challenge, nor controversy. Assuredly, controversy.

Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon

West Virginia Law Review

No abstract provided.

Zinermon V. Burch: Putting Brackets Around The Parratt Doctrine, Edward Reidar Stabell Iii

Mercer Law Review

In Zinermon v. Burch, the Supreme Court addressed whether an adequate postdeprivation state tort law remedy provided all the process that was due to a federal claimant seeking redress for the alleged deprivation of his liberty by the wanton and reckless acts of officials charged by the State with providing predeprivation process. The majority, in an opinion written by Justice Blackmun, held that, when the erroneous deprivation was effected by the very officials responsible under state law for providing predeprivation process, the officials may not escape liability by claiming that it is impossible for the State to provide predeprivation …

Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon

Scholarship Chronologically

In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Book Reviews, Thomas G. Field Jr.

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

Reviews of the following two books: VALUING HEALTH Risks. COSTS, AND BENEFITS FOR ENVIRONMENTAL DECISION MAKING (P. Brett Hammond and Rob Coppock, eds.) THE LIABILITY MAZE: THE IMPACT OF LIABILITY LAW ON SAFETY AND INNOVATION (Peter W. Huber And Robert E. Litan, eds.)

Weather Modification: The Continuing Search For Rights And Liabilities, Gregory N. Jones

BYU Law Review

No abstract provided.

Wealth, Equity, And The Unitary Medical Malpractice Standard, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.

Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel

Faculty Publications

No abstract provided.

Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller

William & Mary Law Review

No abstract provided.

Exclusion Of Personal Injury Damages: Have The Courts Gone Too Far?, Susan K. Matlow

Vanderbilt Law Review

The Internal Revenue Code (Code) sweeps into gross income "all income from whatever source derived," including, but not limited to, compensation for services, interest, dividends, rents, and alimony payments.' Specific statutory exclusions may exempt from gross income certain items that Congress has determined deserve favorable tax treatment. One such exclusion, section 104(a)(2), provides that gross income shall not include "the amount of any damages received (whether by suit or agreement and whether as lump-sums or as periodic payments) on account of personal injuries or sickness."' Congress enacted section 104(a)(2)'s predecessor in 1918," and in spite of subsequent revolutionary tax reform, …

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.

Strict Liability In The Manufacture Of Pharmeceuticals: The Halcion Homicide, Martin J. Macneill

Brigham Young University Journal of Public Law

No abstract provided.