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Articles 1 - 30 of 83
Full-Text Articles in Torts
Causation In Tort Law, Richard W. Wright
Causation In Tort Law, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright
Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright
All Faculty Scholarship
No abstract provided.
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen
Faculty Publications
No abstract provided.
Negligence, Causation And Information, Stephen G. Marks
Negligence, Causation And Information, Stephen G. Marks
Faculty Scholarship
This note suggests a model to unify, in a simple information-based framework, the notion of negligence and the various notions of causation. In effect, the model demonstrates that negligence, probabilistic cause and cause-in-fact represent an identical concept applied to different information sets. This note uses the unified framework to develop a simple algorithm for the practical application of the principles of causation in the law of negligence.
The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs
The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs
Scholarly Works
Private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 is at present riddled with tort law doctrines. Familiar tort concepts such as aiding and abetting, respondeat superior, plaintiff's duty of care, in pari delicto, and contribution have been imported into the rule 10b-5 private action by a number of lower federal courts. The United States Supreme Court had not addressed the relevance of any of these doctrines until its decision this year in Bateman Eichler, Hill Richards, Inc., v. Berner. By disallowing a defense of in pari delicto on statutory enforcement grounds, Bateman plainly …
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen
Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen
University of Arkansas at Little Rock Law Review
No abstract provided.
Unavoidably Unsafe Products: Clarifying The Meaning And Policy Behind Comment K, Victor E. Schwartz
Unavoidably Unsafe Products: Clarifying The Meaning And Policy Behind Comment K, Victor E. Schwartz
Washington and Lee Law Review
No abstract provided.
Perspectives On Market Share Liability: Time For A Reassessment, Keith S. Miller, John D. Hancock
Perspectives On Market Share Liability: Time For A Reassessment, Keith S. Miller, John D. Hancock
West Virginia Law Review
No abstract provided.
Wrongful Life: The Child's Cause Of Action For Negligent Genetic Counseling In Texas., James M. Parker Jr.
Wrongful Life: The Child's Cause Of Action For Negligent Genetic Counseling In Texas., James M. Parker Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Recovery Of Exemplary Damages From The Estate Of A Tortfeasor Is Permitted Under The Texas Survival Statute., Scott A. Hennis
Recovery Of Exemplary Damages From The Estate Of A Tortfeasor Is Permitted Under The Texas Survival Statute., Scott A. Hennis
St. Mary's Law Journal
Abstract Forthcoming.
Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson
Proximate Cause Should Be Barred From Wandering Outside Negligence Law, Kenneth Vinson
Florida State University Law Review
No abstract provided.
Comparing Fault, David C. Sobelsohn
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Notes On Entitlement Systems - 1985, Wendy J. Gordon
Scholarship Chronologically
If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.
Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson
Increased Risk Of Disease From Hazardous Waste: A Proposal For Judicial Relief, Brent Carson
Washington Law Review
This Comment addresses the need to provide adequate and present remedies for individuals exposed to toxic wastes. Part I describes the prevailing "reasonable medical certainty" rule and shows how it unjustly prevents recovery by plaintiffs exposed to hazardous waste. Part II examines one method of avoiding the injustice of the "reasonable medical certainty" rule. The adoption of an "extent of the injury" rule would allow courts to recognize genetic or cellular damage as injury, and provide some hazardous waste victims with a remedy for their increased risk of disease. In Part III a better solution is proposed—accepting increased risk as …
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
Corporate Vicarious Liability For Punitive Damages, Timothy R. Zinnecker
Corporate Vicarious Liability For Punitive Damages, Timothy R. Zinnecker
BYU Law Review
No abstract provided.
Educational Malpractice And Handicapped Students, Carolyn M. White
Educational Malpractice And Handicapped Students, Carolyn M. White
BYU Law Review
No abstract provided.
The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii
The Drug Manufacturer's Duty To Warn -- To Whom Does It Extend?, Donald E. Thompson, Ii
Florida State University Law Review
No abstract provided.
The New York State Statute Of Limitations For Toxic Tort Claims: Time For A Discovery Rule, Deborah L. Christoff
The New York State Statute Of Limitations For Toxic Tort Claims: Time For A Discovery Rule, Deborah L. Christoff
In the Public Interest
No abstract provided.
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
A Suggested Remedy For Toxic Injury: Class Actions, Epidemiology, And Economic Efficiency, Colin H. Buckley
William & Mary Law Review
No abstract provided.
A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski
A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski
University of Michigan Journal of Law Reform
In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …
Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro
Miami Herald Publishing Co. V. Ane, 458 So. 2d 239 (Fla. 1984), M. David Shapiro
Florida State University Law Review
Torts-Defamation-PRIVATE CITIZENS NEED ONLY SHOW NEGLIGENCE IN ACTIONS AGAINST MEDIA DEFENDANTS. DOES THIS STIFLE THE MEDIA AT THE PUBLIC'S EXPENSE?
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
Vanderbilt Law Review
The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …
Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz
Recognizing The Liability Of Social Hosts Who Knowingly Allow Intoxicated Guests To Drive: Limits To Socially Acceptable Behavior, Robert W. Gomulkiewicz
Washington Law Review
Gradually, courts have joined these efforts to alleviate the harm caused by the intoxicated driver. A few courts have recognized an action in tort against those who contribute to drunken driving by serving intoxicating liquor. These courts have acted, in part, to relieve victims of the costs of drunken driving and to distribute the costs among those responsible for its occurrence. Washington courts should recognize the liability of a negligent social purveyor of alcoholic beverages. Courts need not be constrained from recognizing a common law cause of action because of competing social interests or legislative inaction. Washington courts should rule …
Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke
Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke
Indiana Law Journal
No abstract provided.
Washington Adopts Market Share Liability For Des Producers—Martin V. Abbott Laboratories, 102 Wn. 2d 581, 689 P.2d 368 (1984), Mark Reeve
Washington Law Review
In Martin v. Abbott Laboratories, the Washington Supreme Court adopted a narrow exception in DES cases to tort law's traditional requirement of causation. The court fashioned a liability-apportionment scheme based upon each defendant's contribution to the plaintiff's risk of harm: its "market share." The decision correctly refused to require joinder of a "substantial share" of the producers in the relevant market, and limited recovery to the percentage of the market actually joined. The court also decided to impose corporate successor liability on one drug manufacturer, drawing a dissent on the issue from three justices.
Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.
Proof Of Fault In Media Defamation Litigation, Lackland H. Bloom, Jr.
Vanderbilt Law Review
At common law, defamation was a strict liability tort. A defendant could be held liable for publishing a false and defamatory statement absent any evidence that the defendant suspected the statement's falsity or even its defamatory potential, and despite the fact that the defendant used reasonable care in attempting to ascertain the truth. The plaintiff only had to prove fault by the publisher when the plaintiff was attempting to overcome a qualified privilege or establish the liability of a secondary publisher such as a news vendor.' Since the United States Supreme Court's decision in New York Times v. Sullivan, however, …
Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws
Power Abuse As A Basis For Alienation Of Affections: Nelson V. Jacobsen, Karl N. Haws
BYU Law Review
No abstract provided.