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Full-Text Articles in Civil Procedure

"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz Oct 2015

"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz

Fordham Law Review

This Note addresses the question of whether federal law preempts state design defect claims against generic drug manufacturers regardless of which test state law uses to determine whether a drug is defective. This issue, arising out of the U.S. Supreme Court's interpretation of preemption jurisprudence and fundamental tort law as stated in Mutual Pharmaceutical Co. v. Bartlett, is significant because it plays a large role in determining to what extent generic drug manufacturers are immune to civil liability arising out of injuries caused by their generic drugs. In an age of rising medical costs and jury awards, both plaintiff …


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Recent Case Developments, Jeffrey W. Stempel Jan 1999

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998-1999.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in years 1998 and 1999.


Recent Case Developments, Jeffrey W. Stempel Jan 1998

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998.


Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold Jan 1979

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed. Nov 1957

Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.

Michigan Law Review

In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …


Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes May 1955

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes

Michigan Law Review

Plaintiff, a citizen of Louisiana, was injured in an automobile accident allegedly caused by the negligence of another citizen of Louisiana. Defendant insurance company, an Illinois corporation, had issued a public liability policy insuring the latter against claims arising from the negligent operation of his car. Pursuant to a Louisiana statutory provision that "the injured person or his or her heirs, at their option, shall have a right of direct action . . . against the insurer alone or against both the insured and the insurer, jointly and in solido,'' respondent brought an action against the petitioner alone in the …


Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed. Apr 1951

Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.

Michigan Law Review

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …


Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed. Apr 1951

Torts-False Imprisonment-Detention Of Insane Person, John A. Hellstrom S.Ed.

Michigan Law Review

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a …


Recent Important Decisions, Michigan Law Review Apr 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …