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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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2021

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 Jan 2021

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 Jan 2020

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 Jan 2020

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 Jan 2020

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 Jan 2019

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 Jan 2019

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 Jan 2018

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 Jan 2017

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 Jul 2016

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 Jan 2016

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 Jan 2015

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 Jan 2011

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 Jan 2009

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 Jan 2006

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 Jan 2005

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 Jan 2005

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 Jan 2004

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 Jan 2003

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 Jan 2003

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 Jan 2003

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 …