Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman Apr 2021

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 Apr 2021

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 Feb 2019

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 May 2016

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 Jan 2016

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 May 2015

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 Jan 2014

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 Apr 2007

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 …