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Articles 1 - 13 of 13
Full-Text Articles in Torts
Medical Malpractice Reform Measures And Their Effects, Robert Leflar
Medical Malpractice Reform Measures And Their Effects, Robert Leflar
Robert B Leflar
New rules and methods for medical injury dispute resolution have been launched in New Hampshire and New York, and demonstration projects are underway elsewhere. This article describes major medical malpractice reforms undertaken and proposed in recent years. Reforms are classified as (1) liability-limiting initiatives favoring health-care providers; (2) procedural innovations promoted as improving dispute resolution processes, such as patient compensation funds, “sorry” laws, disclosure and early offer laws, health courts, and safe harbor laws; and (3) major conceptual reforms to move liability away from physicians to hospitals or administrative no-fault compensation systems. Empirical evidence about the practical effects of already-implemented …
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Legislative Attempts To Address Asbestos Litigation, Steven Kazan
Pepperdine Law Review
No abstract provided.
Medical Malpractice (Book Review), Robert B. Leflar
Medical Malpractice (Book Review), Robert B. Leflar
Robert B Leflar
This is a review of Medical Malpractice, by Frank Sloan and Lindsey Chepke. This superb book provides a balanced, comprehensive, factual overview of the structure, flaws, and merits of the U.S. legal system relating to malpractice; the causes of cyclical insurance pricing and availability difficulties; ameliorative initiatives both implemented and proposed; and the political considerations affecting the achievability of leading reform proposals. The authors' evidence-based stances will discommode many participants in the malpractice debate, physicians and trial lawyers alike. The book debunks widely-held "myths of medical malpractice" propounded by medical tort reformers. However, the authors also conclude that "no convincing …
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
University of Michigan Journal of Law Reform
Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …
Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail
Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail
NYLS Law Review
No abstract provided.
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis
Legislative Reforms Of Governmental Tort Liability: Overreacting To Minimal Evidence, Ann Judith Gellis
Articles by Maurer Faculty
No abstract provided.
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
University of Michigan Journal of Law Reform
This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.