Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Torts
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …
Notes: Negligently Inflicted Emotional Distress Resulting Solely From Property Damage Is Not A Compensable Injury. Dobbins V. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky
University of Baltimore Law Review
No abstract provided.
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry
Journal of Law and Health
This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness …
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Ridicule Or Recourse: Parents Falsely Accused Of Past Sexual Abuse Fight Back , Jeffrey M. Whitesell
Journal of Law and Health
This Note argues that wrongly accused parents should be granted standing by the courts to bring suit against therapists who negligently suggest that their children are victims of sexual abuse. The first section will analyze the validity of recovered memories obtained through the use of various suggestive techniques. The second section will explore the various causes of action that courts are considering actionable by innocent third parties against the therapists who implant false memories. The causes of action that will be analyzed are malpractice, negligence, intentional infliction of emotional distress, defamation, loss of companionship and society, and breach of contract. …