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Articles 1 - 25 of 25
Full-Text Articles in Law
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher
Mitchell Hamline Law Review
No abstract provided.
Defaming The President, Douglas B. Mckechnie
Defaming The President, Douglas B. Mckechnie
Mitchell Hamline Law Review
No abstract provided.
Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps
Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps
Mitchell Hamline Law Review
No abstract provided.
Civil Liability For Sexual Misconduct, Mike K. Steenson
Civil Liability For Sexual Misconduct, Mike K. Steenson
Mitchell Hamline Law Review
No abstract provided.
Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa
Designing Children: Tort Liability For Medical Providers In The Era Of Crispr/Cas-9 Geneticc Editing, Sarah Roa
Mitchell Hamline Law Review
No abstract provided.
Torts: Sacrificing Individual Recovery For Media Protection—Larson V. Gannett Co., 940 N.W.2d 120 (Minn. 2020), Rachel Lantz
Torts: Sacrificing Individual Recovery For Media Protection—Larson V. Gannett Co., 940 N.W.2d 120 (Minn. 2020), Rachel Lantz
Mitchell Hamline Law Review
No abstract provided.
Ai Entities As Ai Agents: Artificial Intelligence Liability And The Ai Respondeat Superior Analogy, Anat Lior
Ai Entities As Ai Agents: Artificial Intelligence Liability And The Ai Respondeat Superior Analogy, Anat Lior
Mitchell Hamline Law Review
No abstract provided.
Torts: Just Walk Away: How An Overbroad Foreseeability Of Harm Standard Could Kill “Curbside Consultations” — Warren V. Dinter, 926 N.W.2d 370 (Minn. 2019), Erika Miller
Mitchell Hamline Law Review
No abstract provided.
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala
Cybaris®
No abstract provided.
Fenrich V. The Blake School And Minnesota Tort Law: A Road Map Through Special Relationships, Misfeasance/Nonfeasance, And Duty, Mike K. Steenson
Fenrich V. The Blake School And Minnesota Tort Law: A Road Map Through Special Relationships, Misfeasance/Nonfeasance, And Duty, Mike K. Steenson
Mitchell Hamline Law Review
No abstract provided.
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Duty, Foreseeability, And Montemayor V. Sebright Products, Inc., Mike Steenson
Duty, Foreseeability, And Montemayor V. Sebright Products, Inc., Mike Steenson
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine
Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine
Mitchell Hamline Law Review
No abstract provided.
The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson
The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson
Mitchell Hamline Law Review
No abstract provided.
Minnesota Comparative Fault—Statutory Reform, Mike Steenson
Minnesota Comparative Fault—Statutory Reform, Mike Steenson
Journal of Law and Practice
No abstract provided.
Torts Law: Blurred Elements: The New Nebulous Nature Of Foreseeability, The Confounding Quality Of Misfeasance, And The Minnesota Supreme Court's Decision—Doe 169 V. Brandon, Cara Mcdonald
William Mitchell Law Review
No abstract provided.
Swanson V. Brewster: Are The Minnesota Courts Reforming The Tort System?, Stephen P. Laitinen, Hilary J. Loynes
Swanson V. Brewster: Are The Minnesota Courts Reforming The Tort System?, Stephen P. Laitinen, Hilary J. Loynes
Journal of Law and Practice
No abstract provided.
Proximate Cause In Civil Damages, Michael E. Steenson
Proximate Cause In Civil Damages, Michael E. Steenson
Journal of Law and Practice
No abstract provided.
Still Crazy After All These Years: Landlords And Tenants And The Law Of Torts, Lawrence R. Mcdonough
Still Crazy After All These Years: Landlords And Tenants And The Law Of Torts, Lawrence R. Mcdonough
William Mitchell Law Review
No abstract provided.
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss
William Mitchell Law Review
Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates …
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
Defective Products And Product Warranty Claims In Minnesota, J. David Prince
William Mitchell Law Review
Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …
Case Note: Tort Law—Shades Of Gray: The Sophisticated Intermediary Defense Is Now Available For Minnesota Industrial Failure To Warn Actions—Gray V. Badger Mining Corp., Kerri Nelson
William Mitchell Law Review
This Note briefly examines the context of Minnesota failure to warn claims against industrial suppliers. It describes the various defenses Gray has made available, particularly the sophisticated intermediary and bulk supplier doctrines. The Note also reviews the various jurisdictional incarnations of the sophisticated intermediary defense, and analyzes the doctrine’s application in Gray. Additionally, the Note attempts to predict Gray’s future, recommending that the sophisticated intermediary defense not be expanded beyond the employment context, and suggesting that the Gray defenses, viewed as a cohesive whole, will quickly get rid of weaker claims while permitting valid claims to go forward. Finally, the …
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
William Mitchell Law Review
Minnesota's Civil Damages Act is a creature of statute without counterpart in common law. The Act, referred to as the “Dram Shop Act,” is highly penal in nature and is intended to provide remedies for damages attributable to commercial lenders' illegal sale of intoxicating liquors. Since the Act's inception more than ninety-two years ago, Minnesota courts traditionally have construed it in a strict fashion. Over its long evolution, the “duet” of legislative action and court interpretation served to clarify several ambiguities within the Act. Despite precise and oftentimes circumstantial application, certain ambiguities remain. The following article will--in the context of …
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
The Expansion Of Punitive Damages In Minnesota: Environmental Litigation After Jensen V. Walsh , Alexandra B. Klass
William Mitchell Law Review
This article explains how the law of punitive damages has developed in Minnesota both before and after Jensen, and illustrates the significance of the Jensen case through a detailed discussion of the facts and outcome of the Kennedy Building Associates case. Section II of this article discusses the purpose of punitive damages, the process in Minnesota by which a punitive damages claim may be added to a case, and the circumstances under which punitive damages may be awarded. Section III of this article discusses the role of the courts in reviewing a jury's award of punitive damages in light of …
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
Tort Law—The Motorist’S Guide To State Policy: Vehicle Owner Vicarious Liability Following Grants Of Initial Permission—Christensen V. Milbank Insurance Co., Christopher K. Iijima
William Mitchell Law Review
This note explores the Christensen decision and its effect on motor vehicle owner liability in Minnesota. First, the note presents a historical perspective from which to view the Christensen decision and Minnesota's motor vehicle liability and conversion laws. Next, the note summarizes the factual and procedural history of the Christensen case. Then the note discusses the Minnesota Supreme Court holding in Christensen. The note goes further to present a policy and legal analysis of the Christensen decision. Further, the note suggests an amendment to allow evenhanded treatment of vehicle owners, while satisfying state policy. The note concludes that the Christensen …