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Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips
Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips
San Diego Law Review
This Article critiques the substantive law and damage proposals of the Reporters' Study on Enterprise Liability, which was published in 1991 by the American Law Institute. Contrary to the Reporters' recommendations, the author proposes retaining the consumer expectations test and strict liability for product suppliers. He argues that it is not practical to shift medical malpractice liability, as proposed by the Study, from doctors to hospitals. In the area of damages, the author proposes retaining the rules of recovery for pain and suffering, punitive damages, and the collateral source rules essentially as they are now, instead of adopting the changes …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens
San Diego Law Review
This Article focuses on the Reporters' Study on Enterprise Responsibility for Personal Injury, specifically the Reporters' recommendations for punitive damages reform. The Article discusses the Study's analysis of the need for punitive damages reform, with which the author agrees. The Article also discusses the Study's recommendations concerning reform of the standard by which punitive damages should be awarded, recommendations to set reasonable limits on the size of punitive damage awards, and the recommendation of a shield against punitive damages for products that comply with federal regulatory standards. The authors find that generally the recommendations are fair and reasonable. They believe …
A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather
A Lost Opportunity: A Review Of The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Chad M. Oldfather
San Diego Law Review
This is a critical analysis of the Reporters' Study on Enterprise Responsibility for Personal Injury. Although recognizing that the Study is comprehensive and well researched, the authors express disappointment at the lack of vision contained in the Study. They find that the authors of the Study failed to find their way out of the maze of the tort system, and in exploring so many nooks and crannies they become lost in the details, rather than looking at the big picture. The authors of this Article provide a brief overview of the Study, and proceed with analysis. They conclude that the …
Enterprise Responsibility For Personal Injury: Further Reflections, Kenneth S. Abraham, Robert L. Rabin, Paul C. Weiler
Enterprise Responsibility For Personal Injury: Further Reflections, Kenneth S. Abraham, Robert L. Rabin, Paul C. Weiler
San Diego Law Review
This Article, written by three contributors to the Reporters' Study on Enterprise Responsibility for Personal Injury, offers further reflections about specific areas and proposals in the Study that have evoked important questions and comments. It addresses the concern that there are too many lawyers and lawsuits in the United States, and that it is this overpopulation of lawyers that is causing excessive tort litigation. It also addresses high damage awards and insurance premiums, it recommends refining products liability, and recommends organizational responsibility for medical malpractice. This Article is a supplement to the Study, and offers further examination of important issues …
Rejoinder: Advances In The Analysis, Marshall S. Shapo
Rejoinder: Advances In The Analysis, Marshall S. Shapo
San Diego Law Review
This brief Rejoinder addresses two levels of issues: broad questions involved in the effort to establish a critical overview of injury law and questions more precisely bound up with products liability law. The author lauds the Reporters' Study on Enterprise Responsibility for Personal Injury on its significant contribution to academic debate in this country, and for its openness to a competition of many divergent ideas in the context of organizational culture. Despite the problems that this author noted in his first Article in this symposium, he recognizes the achievement of the Study, and the genuine advance that it provides in …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Perspectives On The Tort System And The Liability Crisis
San Diego Law Review
In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System
San Diego Law Review
In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …
Impacts Of Modern Life Support Techniques On Wrongful Death Actions Brought After Final Personal Injury Judgments, Elizabeth Clark
Impacts Of Modern Life Support Techniques On Wrongful Death Actions Brought After Final Personal Injury Judgments, Elizabeth Clark
Seattle University Law Review
This Comment examines both the history of wrongful death actions and modern applications of law. This historical overview reveals that most courts reject the doctrinal bases of wrongful death actions. Specifically, when one has recovered on behalf of a decedent for fatal injuries, these courts tend to construe wrongful death statutes in a manner that denies statutory beneficiaries of a cause of action. To the extent that problems of finality and overcompensation are real, this Comment asserts that the remedy does not lie in misconstruing wrongful death acts so as to deny beneficiaries all recovery. Rather, the answer lies in …
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall
Seattle University Law Review
This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for …