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A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb 2017 University of Maine School of Law

A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb

Maine Law Review

In 2009, the Maine Supreme Judicial Court, sitting as the Law Court, decided Picher v. Roman Catholic Bishop of Portland, a case that presented an issue of first impression in Maine: whether the doctrine of charitable immunity protected charitable organizations from liability for intentional torts. The court ultimately held that charitable immunity was not a defense to intentional torts, but that it did bar negligence claims based on the sexual abuse of a minor. In Picher, a majority of the Law Court partly vacated the trial court’s grant of summary judgment for the Roman Catholic Bishop of Portland (Bishop ...


Has Addy V. Jenkins, Inc. Heightened The Standard For Establishing A Reasonable Inference Of Proximate Cause In Maine?, Denitsa N. Pocheva-Smith 2017 University of Maine School of Law

Has Addy V. Jenkins, Inc. Heightened The Standard For Establishing A Reasonable Inference Of Proximate Cause In Maine?, Denitsa N. Pocheva-Smith

Maine Law Review

Suppose the following: A subcontractor is hired by a construction company to dry-wall the outside of a building. The general contractor provides and erects a three-story staging to assist the subcontractor during that process. The staging is installed before the subcontractor is scheduled to start work, but does not contain safety equipment, such as rails, platforms, or ladders, and is not tied to the building. The subcontractor begins work on the building on Monday. On that same day, he falls while ascending the staging. He reports the fall to the general contractor and asks that safety equipment be installed on ...


"The Wrong Approach At The Wrong Time?": Maine Adopts Strict Liability For Abnormally Dangerous Activities In Dyer V. Maine Drilling And Blasting, Inc., Matthew M. Cobb 2017 University of Maine School of Law

"The Wrong Approach At The Wrong Time?": Maine Adopts Strict Liability For Abnormally Dangerous Activities In Dyer V. Maine Drilling And Blasting, Inc., Matthew M. Cobb

Maine Law Review

In 2009, the Maine Supreme Judicial Court, sitting as the Law Court, held in Dyer v. Maine Drilling and Blasting, Inc. that strict liability should be applied to abnormally dangerous activities in accordance with the Restatement (Second) of Torts §§ 519-20. In doing so, the court expressly overruled its decision in Reynolds v. W.H. Hinman Co., which had rejected a strict liability approach to blasting cases in favor of a negligence-based standard. In Dyer, a majority of the Law Court vacated the trial court’s grant of summary judgment for Maine Drilling and Blasting, Inc. (Maine Drilling) and held that ...


Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins 2017 University of Maine School of Law

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins

Maine Law Review

The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in ...


Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation, Joanna K. Sax 2017 University of Maine School of Law

Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation, Joanna K. Sax

Maine Law Review

Over the past several years, many states introduced legislation that protects a pharmacist’s decision to refuse to fill a prescription. Termed “conscience clauses,” these pieces of legislation allow a pharmacist to refuse to fill a prescription because of moral or religious objections without fear of legal repercussions. In 2006, for example, twenty-one states considered legislation that permits pharmacists to refuse to fill prescriptions; some bills focus on contraception alone, while others are not specific to any one type of medication. Arkansas, Mississippi, Georgia, Florida, and South Dakota have state laws that provide legal protection to pharmacists who refuse to ...


Estate Of Fortier V. City Of Lewiston: Is Maine's Tort Claims Act Unintelligible?, William I. Olver 2017 University of Maine School of Law

Estate Of Fortier V. City Of Lewiston: Is Maine's Tort Claims Act Unintelligible?, William I. Olver

Maine Law Review

In Estate of Fortier v. City of Lewiston, the Maine Supreme Judicial Court, sitting as the Law Court, was asked to decide if the City of Lewiston was “using” an aircraft under the Maine Tort Claims Act (MTCA) when it chartered a plane from Twin Cities Air Services (Twin Cities) as part of an Air Force Junior Reserve Officer Training Corp (AFJROTC) exercise. Tragically, the pilot and three AFJROTC cadets from Lewiston High School lost their lives when the plane crashed into Barker Mountain shortly after take-off. The families of the students brought suit against Lewiston, in part, alleging negligence ...


Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers 2017 University of Maine School of Law

Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers

Maine Law Review

In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to ...


Your Bodies, Ourselves: Legal Protection Of Potential Human Life, Jeffery A. Parness 2017 St. John's University School of Law

Your Bodies, Ourselves: Legal Protection Of Potential Human Life, Jeffery A. Parness

The Catholic Lawyer

No abstract provided.


Ford Motor Co. V. Trejo, 133 Nev. Adv. Op. 68 (Sept. 27, 2017), Jeff Chronister 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Ford Motor Co. V. Trejo, 133 Nev. Adv. Op. 68 (Sept. 27, 2017), Jeff Chronister

Nevada Supreme Court Summaries

The Court declined to adopt the risk-utility analysis. The consumer-expectation test is the appropriate standard for strict products liability claims in Nevada, and the risk-utility analysis is inappropriate because it inserts aspects of negligence into the test and unfairly burdens plaintiffs.


Contingent Fee Litigation In New York City, Eric Helland, Daniel M. Klerman, Brenda Dowling, Alexander Kappner 2017 Claremont McKenna College

Contingent Fee Litigation In New York City, Eric Helland, Daniel M. Klerman, Brenda Dowling, Alexander Kappner

University of Southern California Legal Studies Working Paper Series

Since 1957, New York courts have required contingent fee lawyers to file “closing statements” that disclose settlement amounts, lawyers’ fees, an accounting of expenses, and other information. This article provides preliminary analysis of these data for the period 2004-2013. Among this article’s findings are that settlement rates in New York state courts are very high (84%) relative to previous studies, that very few cases are resolved by dispositive motions, that litigated cases and settled cases have almost exactly the same average recovery, that median litigation expenses, other than attorney’s fees, are 3% of gross recovery, that claims are ...


Maybe There's No Bias In The Selection Of Disputes For Litigation, Eric Helland, Daniel M. Klerman, Yoon-Ho Alex Lee 2017 Claremont McKenna College

Maybe There's No Bias In The Selection Of Disputes For Litigation, Eric Helland, Daniel M. Klerman, Yoon-Ho Alex Lee

University of Southern California Legal Studies Working Paper Series

New York “closing statement” data provide unique insight into settlement and selection. The distributions of settlements and adjudicated damages are remarkably similar, and the average settlement is very close to the average judgment. One interpretation is that selection effects may be small or non-existent. Because existing litigation models all predict selection bias, we develop a simple, no-selection-bias model that is consistent with the data. Nevertheless, we show that the data can also be explained by generalized versions of screening, signaling, and Priest-Klein models.


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert

Nevada Supreme Court Summaries

The Court found that discretionary-function immunity does not apply to intentional bad-faith tort claims. The Court also expressly adopted the false light invasion of privacy right of action in order to fully protect privacy interests. The Court also adopted the sliding scale approach for evaluating IIED claims, holding that increased severity of conduct will require less evidence to prove emotional distress.


Mass Torts—Maturation Of Law And Practice, Paul D. Rheingold 2017 Pace University

Mass Torts—Maturation Of Law And Practice, Paul D. Rheingold

Pace Law Review

Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating. At the same time, it can be said that this area of law and procedure has reached a mature stage; the practice is fairly standardized and earlier experiments have either become the model or have been abandoned.

The term “mass tort litigation” (MTL), as used in this article, confines itself to product liability personal injury cases involving similar injuries ...


Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall 2017 Selected Works

Managed Care, Utilization Review, And Financial Risk Shifting: Compensating Patients For Health Care Cost Containment Injuries, Vernellia R. Randall

Vernellia R. Randall

This Article examines current tort remedies for personal injury claims and explores the problems that arise when these remedies are applied to physicians' actions that are directed by third-party payers. Part II of this Article explores the organization and historical development of managed health care products. Part III considers the past and present uses of the utilization review process and financial risk shifting. Part IV explores the applicability of traditional theories of tort liability to third-party payers, including direct liability of third-party payers who market managed care products. Part V considers the barriers that ERISA presents to compensating patients for ...


Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld 2017 New York University School of Law

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Law and Economics Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...


Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld 2017 New York University School of Law

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...


Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa 2017 ALACDE

Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa

The Latin American and Iberian Journal of Law and Economics

Usually, class actions have advantages in dealing with negative expected-value claims by consumers —when the expected cost of claiming exceeds the expected benefits of doing so—. In those cases, it is assumed that affected consumers do not have incentives to sue. Consequently, class action can be seen as a device to internalize the social costs of harms caused to consumers. Nevertheless, in order to achieve such a goal, the condemnatory sentence or the settlement agreement must be effectively enforced. In that stage of proceedings, the lack of incentives for claiming consumer damages is frequent. Fluid recovery or cy prés mechanims ...


Newsroom: Logan Quoted In Bloomberg News On Opiod Litigation 08-16-2017, Jef Feeley, Jared S. Hopkins 2017 Bloomberg News

Newsroom: Logan Quoted In Bloomberg News On Opiod Litigation 08-16-2017, Jef Feeley, Jared S. Hopkins

Life of the Law School (1993- )

No abstract provided.


Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey 2017 Stanford Law School

Amoral Machines, Or: How Roboticists Can Learn To Stop Worrying And Love The Law, Bryan Casey

Northwestern University Law Review

The media and academic dialogue surrounding high-stakes decisionmaking by robotics applications has been dominated by a focus on morality. But the tendency to do so while overlooking the role that legal incentives play in shaping the behavior of profit-maximizing firms risks marginalizing the field of robotics and rendering many of the deepest challenges facing today’s engineers utterly intractable. This Essay attempts to both halt this trend and offer a course correction. Invoking Justice Oliver Wendell Holmes’s canonical analogy of the “bad man . . . who cares nothing for . . . ethical rules,” it demonstrates why philosophical abstractions like the trolley problem—in ...


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