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Articles 31 - 55 of 55
Full-Text Articles in Law
The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker
The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker
Kentucky Law Journal
No abstract provided.
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
Seattle University Law Review
As all of us are aware, there has been concern throughout our legal system about the trauma that child victims of sexual abuse suffer when testifying at criminal trials. It is likely that these same concerns will follow into the civil arena as civil cases for sexual abuse of child victims become more common. In response, advocates of child victims will propose that videotapes of child depositions be admitted in trial in place of live testimony. Such evidence may have profound effects on juries and may also alter the role of advocates in our civil system. This Article is about …
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
University of Baltimore Law Review
No abstract provided.
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Indiana Law Journal
No abstract provided.
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Seattle University Law Review
This Article first reviews what a study of the 1986 Tort Reform Act reveals to be problems created by that Act for negotiators of settlements in tort suits. These problems are greatest for fault-free plaintiffs. Next, a summary of the previous law governing joint and several liability provides an understanding of these problems and the changes negotiators should make in their negotiation strategies. The court's success in avoiding the mandated disaster for the Workers Compensation Fund raises the possibility that the court may also provide fault-free plaintiffs with an easier escape from the perils and pitfalls created by the Act …
Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg
Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg
University of Richmond Law Review
Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.
Notes: Torts — Government Immunity — Police Officer Pursuing Suspect Owes Duty Of Care To Third Parties Injured By The Fleeing Suspect; Injured Plaintiff Can Recover From State And Political Subdivisions If Officer Was Negligent In Commencing And Maintaining Pursuit. Boyer V. State, 323 Md. 558, 594 A.2d 121 (1991), Phillip M. Pickus
University of Baltimore Law Review
No abstract provided.
Personal Liability Of Corporate Officials In Ejectment Actions: Evolution Of The Tort And The Implications Of Metromedia Co. V. Wcbm Maryland, Inc., Lawrence S. Greenwald, Charles S. Hirsch
Personal Liability Of Corporate Officials In Ejectment Actions: Evolution Of The Tort And The Implications Of Metromedia Co. V. Wcbm Maryland, Inc., Lawrence S. Greenwald, Charles S. Hirsch
University of Baltimore Law Review
No abstract provided.
Notes: Torts — Successor Corporations — Defective Products — Can The Law And Policies Of Strict Liability Be Reconciled With Corporate Law Policies Which Protect Successor Corporations In Order To Respond Fairly To The Legitimate Interests Of The Products Liability Plaintiff? Nissen Corp. V. Miller, 323 Md. 613, 594 A.2d 564 (1991) (4-2 Decision), Donna M.D. Macdonald
University of Baltimore Law Review
No abstract provided.
Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson
Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson
American University Law Review
No abstract provided.
Torts—Product Liability—Arkansas Adopts Comment K As An Affirmative Defense In Prescription Drug Actions. West V. Searle & Co., 305 Ark. 33, 806 S.W.2d 608 (1991)., Ian Birkett
University of Arkansas at Little Rock Law Review
No abstract provided.
A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins
A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins
Campbell Law Review
No abstract provided.
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Campbell Law Review
This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
UIC Law Review
No abstract provided.
Comment On Coleman: Corrective Justice, Stephen R. Perry
Comment On Coleman: Corrective Justice, Stephen R. Perry
Indiana Law Journal
No abstract provided.
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Seattle University Law Review
This Article defends RCW 4.22.070 and opposes the deconstruction of legislative tort reform. The Article’s premise is that the legislature did indeed intend to accomplish a significant reform of the liability system and to take a long, purposeful stride toward the implementation of comparative fault as applied to all parties in tort litigation. The Article concludes that the legislature adopted language that adequately, if sometimes imperfectly, achieves that purpose. The Article discusses the following: the meaning of “fault” as applicable through RCW 4.22.070; the nature of the entities to whom fault must be allocated; the responsibility for raising the culpability …
What Is A Tort Claim? An Interpretation Of Contemporary Tort Reform, Kenneth S. Abraham
What Is A Tort Claim? An Interpretation Of Contemporary Tort Reform, Kenneth S. Abraham
Maryland Law Review
No abstract provided.
The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman
The Intellectual Ordering Of Contemporary Tort Law, Marc Feldman
Maryland Law Review
No abstract provided.
Presumed General Compensatory Damages In Constitutional Tort Litigation: A Corrective Justice Perspective, Jean C. Love
Presumed General Compensatory Damages In Constitutional Tort Litigation: A Corrective Justice Perspective, Jean C. Love
Washington and Lee Law Review
No abstract provided.
Section 1983 And The Collateral Source Rule, Linda L. House
Section 1983 And The Collateral Source Rule, Linda L. House
Cleveland State Law Review
This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …
Legal Malpractice In Ohio, John C. Nemeth
Legal Malpractice In Ohio, John C. Nemeth
Cleveland State Law Review
This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …
Toxic Torts - Evidence - Third Circuit Recognizes Medical Monitoring Tort And Makes Significant Rulings Concerning Expert Testimony In Toxic Tort Cases, Noel C. Birle
Villanova Law Review
No abstract provided.
Loitz V. Remington Arms Co.: The Illinois Supreme Court Sets A Tougher Standard For Reviewing Punitive Damage Awards In Products Liability Cases, 25 J. Marshall L. Rev. 427 (1992), Eric P. Loukas
UIC Law Review
No abstract provided.
Prejudgement Interest In Personal Injury Claims: A Proposal For The Illinois General Assembly, 25 J. Marshall L. Rev. 595 (1992), Jeffrey R. Sandler
Prejudgement Interest In Personal Injury Claims: A Proposal For The Illinois General Assembly, 25 J. Marshall L. Rev. 595 (1992), Jeffrey R. Sandler
UIC Law Review
No abstract provided.
Direct Actions For Emotional Harm: Is Compromise Possible?, Julie A. Davies
Direct Actions For Emotional Harm: Is Compromise Possible?, Julie A. Davies
Washington Law Review
While most courts and commentators acknowledge that emotional injury resulting from negligence may merit compensation, they share the conviction that some limits must be placed on such claims. They identify two basic policy rationales as the justifications for limiting claims for emotional harm: (1) the desire to ensure that a defendant's liability for negligence is not disproportionate to his or her fault, and (2) the desire to prevent litigation of trivial or fraudulent claims. This Article argues that the two rules most frequently applied by courts to effectuate limitations on recovery—the "zone-of-danger" rule and the "foreseeability-plus-serious-injury" rule—suffer from serious deficiencies. …