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St. Mary's University

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Remedies

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Full-Text Articles in Law

The Texas Constructive Trust And Its Peculiar Requirements, David Dittfurth Apr 2018

The Texas Constructive Trust And Its Peculiar Requirements, David Dittfurth

Faculty Articles

Consider two cases. In the first case, you represent the children of a woman who was intentionally and wrongfully killed by her husband. After having pled guilty to negligent homicide, the husband probates his wife's will in which he is the sole beneficiary. In the second case, your client attempts an online transfer of her savings to another of her accounts but enters the account number erroneously and sends her life's savings to a stranger's account. The recipient of this windfall has withdrawn the money in cashier's checks and refuses to return them to her.

Your clients want a court …


The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson Apr 2009

The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson

Faculty Articles

No abstract provided.


The Effect Of Tort Reform On Tort Case Filings, Patricia W. Moore Jan 2009

The Effect Of Tort Reform On Tort Case Filings, Patricia W. Moore

Faculty Articles

Does so-called "tort reform" decrease tort case filings? In Texas and other states that have enacted numerous rounds of tort reform, the answer appears to be a resounding "yes," at least as of the year 2000. More recent evidence from Oklahoma supports that conclusion and provides an interesting case study within the tort reform juggernaut.

During at least the past twenty years, tort reformers have achieved substantial legislative successes and, some would argue, public relations victories. Yet their desire for more "reform" seems insatiable, and their legislative agenda rarely sleeps.

Tort reform bills bloom perennially in the Oklahoma legislature, and …


Obtaining Remedies For Ins Misconduct, Lee J. Teran Jan 1996

Obtaining Remedies For Ins Misconduct, Lee J. Teran

Faculty Articles

No abstract provided.