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Full-Text Articles in Law
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
Chicago-Kent Law Review
No abstract provided.
Bipa: What Does It Stand For?, Paige Smith
Bipa: What Does It Stand For?, Paige Smith
Chicago-Kent Law Review
No abstract provided.
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
Material Contribution To Risk In The Canadian Law Of Toxic Torts, Lynda M. Collins
Material Contribution To Risk In The Canadian Law Of Toxic Torts, Lynda M. Collins
Chicago-Kent Law Review
Causation is acknowledged as the single biggest hurdle to recovery for plaintiffs in toxic tort actions in Canada (and elsewhere). Scientific uncertainty involving questions of both generic and specific causation has frequently precluded recovery for plaintiffs even where defendants have negligently exposed them to toxic risk. Three types of uncertainty have been identified: plaintiff indeterminacy (where we know that the defendant has harmed some proportion of a particular population but no individual can prove causation); defendant indeterminacy (where we know that a group of defendants has harmed a particular plaintiff or plaintiffs but each can escape liability by pointing the …
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Path Toward An Increased Role For The United States In Patent Infringement Litigation, Caroline M. Turner
A Path Toward An Increased Role For The United States In Patent Infringement Litigation, Caroline M. Turner
Chicago-Kent Journal of Intellectual Property
A number of major statutory schemes implicate federal interests but do not provide for explicit authority for the United States to bring lawsuits for damages or to obtain injunctive relief. The patent statutes provide that the patentee may sue in the case of infringement, and court decisions have extended that right to certain licensees. Accordingly, the United States has participated in cases in which it is not a co-patentee or licensee only as an amicus. Yet the government arguably has an interest in intervening in or instituting, as a co-plaintiff, infringement cases involving certain patents. Recent scholarship has renewed attention …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
The Use And Abuse Of The Tort Benefit Rule In Wrongful Parentage Cases, Kathryn C. Vikingstad
The Use And Abuse Of The Tort Benefit Rule In Wrongful Parentage Cases, Kathryn C. Vikingstad
Chicago-Kent Law Review
Recovery of child-rearing damages in wrongful parentage cases has deeply divided courts across the United States. Depending on the state in which parents find themselves, they may be able to recover no, some, or all child-rearing damages. Despite the great divide in recovery schemes, all states, with the exception of the few that allow parents the opportunity to fully prove and recover all childrearing damages, have one thing in common: they severely abuse and misuse the tort benefit rule. This article examines the manner in which the benefit rule has been misused in wrongful parentage cases and illustrates how this …