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Articles 1 - 13 of 13
Full-Text Articles in Law
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Louisiana Law Review
No abstract provided.
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Georgia Journal of International & Comparative Law
No abstract provided.
Chernobyl And Sandoz One Decade Later: The Evolution Of State Responsibility For International Disasters, 1986-1996, Devereaux F. Mcclatchey
Chernobyl And Sandoz One Decade Later: The Evolution Of State Responsibility For International Disasters, 1986-1996, Devereaux F. Mcclatchey
Georgia Journal of International & Comparative Law
No abstract provided.
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Fordham Law Review
To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.
The first piece selected by the Board is DES and a Proposed Theory of Enterprise Liability. This Comment, written in 1978 by Fordham Law Review staff member Naomi Sheiner, helped to pioneer the concept of enterprise liability. It has been cited by nearly 250 scholarly articles and in more than 100 cases, including Sindell v. Abbott Laboratories, 607 P.2d 924 (Cal. 1980), the leading case …
Reputational Injury Without A Reputational Attack: Addressing Negligence Claims For Pure Reputational Harm, Bryson Kern
Reputational Injury Without A Reputational Attack: Addressing Negligence Claims For Pure Reputational Harm, Bryson Kern
Fordham Law Review
This Note examines the unsettled relationship between defamation and negligence. The law of defamation, through the torts of libel and slander, constitutes a well-developed and complex body of state common law and constitutional considerations. However, some claims for reputational harm may fall outside of this framework, as the law of defamation does not account for all of the ways that an individual’s reputation may be injured. Thus, plaintiffs sometimes bring negligence claims to seek redress for damage to reputation.
When a plaintiff brings a negligence claim for pure reputational harm, the court is faced with a variety of options for …
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Impaired Physicians And The Scope Of Informed Consent: Balancing Patient Safety With Physician Privacy, Sarah Haston
Florida State University Law Review
No abstract provided.
The State-Created Danger Doctrine, Erwin Chemerinsky
The State-Created Danger Doctrine, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Constitutional Law -- Eimann V. Soldier Of Fortune And "Negligent Advertising" Actions: Commercial Speech In An Era Of Reduced First Amendment Protection, Donald B. Allegro, John D. Ladue
Constitutional Law -- Eimann V. Soldier Of Fortune And "Negligent Advertising" Actions: Commercial Speech In An Era Of Reduced First Amendment Protection, Donald B. Allegro, John D. Ladue
Notre Dame Law Review
No abstract provided.
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
University of Massachusetts Law Review
Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Chicago-Kent Law Review
This article explores the enforceability of the exculpatory clause—a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.
Texas Remedies In Equity For Breach Of Fiduciary Duty: Disgorgement, Forfeiture, And Fracturing., George P. Roach
Texas Remedies In Equity For Breach Of Fiduciary Duty: Disgorgement, Forfeiture, And Fracturing., George P. Roach
St. Mary's Law Journal
The remedy of fee forfeiture against lawyer fiduciaries has been marginalized. Following Burrow v. Arce, Texas trial courts have frequently applied a no-fracturing rule that effectively bars a claim for breach of fiduciary duty against an attorney. Although the court in Burrow held actual damages were not a prerequisite for fee forfeiture, many Texas trial courts have not followed that precedent. Most Texas trial courts require the plaintiff to prove actual damages to survive a summary judgment motion. Others have openly asserted that not all legitimate claims for breach of fiduciary duty should be allowed as an alternative claim to …
“Payability” As The Logical Corollary To “Collectibility” In Legal Malpractice, Daniel D. Tostrud
“Payability” As The Logical Corollary To “Collectibility” In Legal Malpractice, Daniel D. Tostrud
St. Mary's Journal on Legal Malpractice & Ethics
The collectibility requirement as part of the legal malpractice plaintiff’s affirmative case is well-established and regarded by most courts as a critical part of the plaintiff’s proof of proximate causation. Conversely, where the legal malpractice plaintiff was the defendant in the underlying lawsuit, to be successful in the malpractice suit, the plaintiff must prove that it had a meritorious defense that would have made a difference to the outcome of the case had the lawyer properly asserted and pursued the defense. Prompted by the conflicting opinions of two federal courts on this issue, courts have begun to discuss whether the …