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Articles 1 - 23 of 23
Full-Text Articles in Law
Causation In Tort Law, Richard W. Wright
Causation In Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Causation In Tort Law, Richard W. Wright
Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery , Margaret V. Sachs
Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery , Margaret V. Sachs
Cornell Law Review
No abstract provided.
We Say What We Mean, And We Mean What We Say: The 1984 Amendments To Sections 904 And 905 Of The Lhwca, Kraig Thomas Strenge
We Say What We Mean, And We Mean What We Say: The 1984 Amendments To Sections 904 And 905 Of The Lhwca, Kraig Thomas Strenge
Louisiana Law Review
No abstract provided.
Joinder Alternatives In Mass Tort Litigation , Roger H. Trangsrud
Joinder Alternatives In Mass Tort Litigation , Roger H. Trangsrud
Cornell Law Review
No abstract provided.
Sovereign Immunity And The Discretionary Function Exception Of The Alaska Tort Claims Act, Marcia Swihart Orgill, Bellanne Meltzer Toren
Sovereign Immunity And The Discretionary Function Exception Of The Alaska Tort Claims Act, Marcia Swihart Orgill, Bellanne Meltzer Toren
Alaska Law Review
No abstract provided.
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
William & Mary Law Review
No abstract provided.
Foreward: The Use And Control Of Punitive Damages, David Owen
Foreward: The Use And Control Of Punitive Damages, David Owen
Faculty Publications
No abstract provided.
Strategic And Scientific Considerations In Toxic Tort Defense, Richard O. Faulk
Strategic And Scientific Considerations In Toxic Tort Defense, Richard O. Faulk
Richard Faulk
The past decade has seen a dramatic increase in suits for injuries resulting from exposure to toxic substances. Since these suits commonly involve multiple defendants, highly technical scientific testimony, unusual legal theories, and many years of alleged exposure, they present a novel form of complex litigation and pose sophisticated problems in many phases of trial preparation. As toxic tort litigation continues to proliferate, an increasing number of practitioners will face the prospect of defending these actions. This article centers on pretrial considerations, and is intended as an orientation for the practitioner who must defend toxic tort cases without substantial experience …
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Richard Faulk
In the last decade, the principles of strict liability have been expanded to encompass virtually every type of injury caused by a manufacturer's product. Indeed, at least one state has effectively imposed absolute liability, under which a manufacturer is liable for all harm caused by its product, regardless of whether the injury was foreseeable at the time of manufacture. When the product is an identifiable object, such as an automobile or a household tool, conduct-related defenses, such as misuse, voluntary assumption of the risk, and contributory negligence, may apply. In the case of industrial chemicals, however, additional considerations are important. …
Torts, Ralph Michael Stein
Torts, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …
Compensation For Victims Of Hazardous Substance Exposure, J. David Prince
Compensation For Victims Of Hazardous Substance Exposure, J. David Prince
Faculty Scholarship
Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.
Torts, Mary D. Peters, Jennifer Albert, Aleta M. Pillick
Torts, Mary D. Peters, Jennifer Albert, Aleta M. Pillick
South Carolina Law Review
No abstract provided.
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Notre Dame Law Review
No abstract provided.
Tender Offer Litigation And State Law, Mark J. Loewenstein
Tender Offer Litigation And State Law, Mark J. Loewenstein
Publications
The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …
The Anatomy Of A Torts Class, James Boyle
Torts, Charles O. Lorenson
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Foreseeability In Contract And Tort: The Problems Of Responsibility And Remoteness, Banks Mcdowell
Case Western Reserve Law Review
No abstract provided.
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith
Battling A Receding Tort Frontier: Constitutional Attacks On Medical Malpractice Laws, David Randolph Smith
Oklahoma Law Review
No abstract provided.
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …