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Torts Commons

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1982

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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 Jan 1982

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 Jan 1982

Symposium Proceedings, Various Editors

Villanova Law Review

No abstract provided.


Toxic Torts: Workable Defenses Available To The Corporate Defendant, Robert St. Leger Goggin, Thomas A. Brophy Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

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 Jan 1982

Kentucky Law Survey: Torts, David P. Grise

Kentucky Law Journal

No abstract provided.


The Boundary Problems Of Enterprise Liability, James A. Henderson Jr. Jan 1982

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 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.