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An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers Mar 1997

An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers

Law Faculty Articles and Essays

This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …


Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens Jan 1997

Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens

Cleveland State Law Review

As advances in medical technology have kept people alive longer, the right to refuse life-sustaining treatment has taken on an even more crucial and urgent significance to dying patients and their families. While modern medicine may have learned to save lives, the lives it has saved are often severely diminished and filled with pain and suffering. Although the right to refuse life saving medical treatment is firmly embedded in our nation's laws, what to do when this right is ignored has not been firmly settled. The Anderson court answered this question by "splitting the difference." It affirmed Winter's right to …


Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller Jan 1997

Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller

Journal of Law and Health

The purpose of this Note is not to answer the question of how excessive medical malpractice and punitive damage awards are. Many highly respected scholars on different sides of the issue have spent large portions of their careers trying to resolve that issue without finding a common ground. This author does not boldly claim to provide an answer in this limited forum. This Note does, however, address a possible source of public frustration with the state of medical malpractice and punitive damages: the lack of a principled basis for the awards that juries give to the victims. The perception among …


Chance V. Bp Chemical, Inc.: Changing Ohio's Perception Of Stigma Damages , Heidi B. Eisman Jan 1997

Chance V. Bp Chemical, Inc.: Changing Ohio's Perception Of Stigma Damages , Heidi B. Eisman

Cleveland State Law Review

An increased public awareness of environmental hazards has filled the courts with plaintiffs seeking damages for the potential harm a contaminant may cause. Typically, the principle of damages is a simple one, requiring only that some type of harm or injury has occurred. When no such injury has occurred, plaintiffs still pursue claims under the theory of “stigma damages.” However, the majority of courts have held that stigma damages alone cannot be recovered, and instead, actual physical impact is required before a court will award damages. Ohio courts had previously reached conflicting conclusions on the issue of stigma damages. Recently …