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Articles 61 - 78 of 78
Full-Text Articles in Torts
The Proposed Federal Product Liability Statute From The Toxic Tort Plaintiff's Perspective, Jerry J. Phillips
The Proposed Federal Product Liability Statute From The Toxic Tort Plaintiff's Perspective, Jerry J. Phillips
Villanova Law Review
No abstract provided.
Symposium Proceedings, Various Editors
Toxic Torts: Workable Defenses Available To The Corporate Defendant, Robert St. Leger Goggin, Thomas A. Brophy
Toxic Torts: Workable Defenses Available To The Corporate Defendant, Robert St. Leger Goggin, Thomas A. Brophy
Villanova Law Review
No abstract provided.
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Fordham Urban Law Journal
Volunteer anticrime groups are effective in deterring crime by exercising the statutory power to effect citizen's arrest. As a result of using this statutory authority though, the municipality may face liability, for example, where a volunteer anticrime group effected an unlawful arrest, or for use of excessive force against the arrested individual. This comment explores what a plaintiff must prove when he proceeds under various causes of action: an action under 42 U.S.C. section 1983, a state law, or a Bivens-type cause of action, in order to recover against a municipality for torts committed by anticrime volunteer groups. The Comment …
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Seattle University Law Review
In Miller v. Northside Danzi Construction Co., "the Alaska Supreme Court held that a general contractor," required by Alaska's Workers' Compensation Act to pay compensation to an uninsured subcontractor's injured employee, is not immune from liability at common law for the same injuries. Interpreting narrowly the Act's "employer" definition, the court prohibited the general contractor from asserting the exclusive liability defense granted to the primary employer who pays compensation to its injured employee, and thus permitted the injured worker to claim awards under the Act and independently at common law. By allowing the injured employee recovery from the contractor …
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Seattle University Law Review
This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
Fordham Urban Law Journal
In 1979, New York City enacted a local law requiring prior written notice of a defect before the city may be found liable for injuries resulting from potholes. But a prior written notice statute interferes with the traditional negligence doctrine of constructive notice. This Note examines traditional common law negligence as it relates to municipal liability. The procedural requirements and legislative history of the Pothole Law are analyzed. In addition, the legal and policy considerations surrounding its enactment are discussed. This Note recommends an alternative solution to the statute which takes into account both the procedural inequities of the law …
Torts - Products Liability - Successor Corporation Strictly Liable For Defective Products Manufactured By The Predecessor Corporation, Joseph F. Kessler
Torts - Products Liability - Successor Corporation Strictly Liable For Defective Products Manufactured By The Predecessor Corporation, Joseph F. Kessler
Villanova Law Review
No abstract provided.
Torts - Interspousal Immunity - Unliquidated Tort Claims Between Spouses No Longer Barred - Pennsylvania Abrogates Doctrine Of Interspousal Immunity As Unsupported By Law, Logic, Or Public Policy, James Russell Wells
Villanova Law Review
No abstract provided.
Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher
Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher
Villanova Law Review
No abstract provided.
Asbestos-Related Disease Litigation: Can The Beast Be Tamed, Gene Locks
Asbestos-Related Disease Litigation: Can The Beast Be Tamed, Gene Locks
Villanova Law Review
No abstract provided.
Coping With The Particularized Problems Of Toxic Tort Litigation, Jeanne Crane Castafero
Coping With The Particularized Problems Of Toxic Tort Litigation, Jeanne Crane Castafero
Villanova Law Review
No abstract provided.
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
Cleveland State Law Review
This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
What You Don't Know Will Hurt You: Physicians' Duty To Warn Patients About Newly Discovered Dangers In Previously Initiated Treatment, Barbara Eileen Calfee
Cleveland State Law Review
This Note will explore the newly recognized duty to warn a patient when the health care provider subsequently learns that previous non-negligent treatment is or may be harmful to him. The Note begins by discussing the need for a duty to follow up on medical treatment. The proposed duty is analogized to existing forms of liability involving obligations to inform, to correct and to continue acting within a special relationship. The Note then outlines the prima facie case for, and defenses to, an action for breach of the proposed duty to follow up. It then considers objections that may be …
Kentucky Law Survey: Torts, David P. Grise
The Boundary Problems Of Enterprise Liability, James A. Henderson Jr.
The Boundary Problems Of Enterprise Liability, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.