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Full-Text Articles in Law
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Faculty Scholarship
No abstract provided.
Aggregate Litigation Goes Public: Representative Suits By State Attorneys General, Margaret H. Lemos
Aggregate Litigation Goes Public: Representative Suits By State Attorneys General, Margaret H. Lemos
Faculty Scholarship
State attorneys general represent their citizens in aggregate litigation that bears a striking resemblance to the much-maligned damages class action. Yet, while class actions are subject to a raft of procedural rules designed to protect absent class members, equivalent suits in the public sphere are largely free from constraint. The procedural disconnect between the two categories of aggregate litigation reflects a widespread assumption that attorneys general will adequately represent the interests of the state’s citizens, obviating any need for case-specific mechanisms for assuring the loyalty of lawyer to client.
This Article challenges the presumption of adequate public representation. By conflating …
Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber
Recovery Of “Intrinsic Value” Damages In Case Of Negligently Killed Pet Dog, William A. Reppy Jr., Calley Gerber
Faculty Scholarship
The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted.