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A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson 2016 Osgoode Hall Law School of York University

A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson

Commissioned Reports, Studies and Public Policy Documents

Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change.

It should be said at the outset that my efforts to obtain real and serious data ...


Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins 2016 University of Maine School of Law

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Washington and Lee Law Review Online

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


Civil Conspiracy In The Corporate Context, Pey Woan LEE 2016 Singapore Management University

Civil Conspiracy In The Corporate Context, Pey Woan Lee

Research Collection School Of Law

This article examines the issues that arise when the tort ofconspiracy by unlawful means is used, as an alternative to veil-piercing,either to extend a company’s liability to its controllers, or to enable acontroller’s creditors to reach the assets of company under his or her control.It observes that the tort of conspiracy is a particularly potent mechanism forthese purposes because of its potentially broad reach. A liberal application ofconspiracy liability to companies and their insiders would therefore underminethe company’s separate legal status as well as the benefits of incorporation.For that reason, the application of the ...


Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491), Anthony J. Bellia, Bradford R. Clark 2016 Notre Dame Law School

Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491), Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

No abstract provided.


The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia 2016 Notre Dame Law School

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004 ...


Protecting Economic Interests Through The Nominate Tort Action For Breach Of Statutory Duty, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Protecting Economic Interests Through The Nominate Tort Action For Breach Of Statutory Duty, Neil J. Foster

Neil J Foster

The civil action for Breach of Statutory Duty (BSD) is most often invoked in cases of personal injury, often in the industrial context. But there is a long history of BSD actions being used to protect economic interests, in the form of compensation for pure economic loss, and dealing with damage to specific property. This paper will explore the varying ways in which the BSD action has developed to protect economic interests, taking into account principles relating to specific so-called “statutory torts” as well as the general common law action based on implied Parliamentary intention.


Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer McDonald 2016 University of Miami Law School

Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald

University of Miami Inter-American Law Review

This paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” the ...


Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich 2016 Nevada Law Journal

Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich

Nevada Supreme Court Summaries

The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan ...


Forum Selling, Daniel M. Klerman, Greg Reilly 2016 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, Hector A. Campos 2016 Pontificia Universidad Catolica del Peru

Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, Hector A. Campos

Hector Campos García

El presente artículo aborda la temática referida a los actos lícitos dañosos, los cuales también generan responsabilidad civil, descartando así a la ilicitud como un elemento indispensable para la generación de responsabilidad civil. En este sentido, el artículo parte del análisis conceptual de la ilicitud o antijuridicidad, para luego arribar al examen de tres supuestos de responsabilidad civil, como lo son el daño ambiental, el daño causado por la resolución cautelar y el retiro de la obra del comercio; demostrando, efectivamente, el carácter prescindible de la ilicitud y la existencia de escenarios de responsabilidad civil derivados de actos lícitos dañosos ...


Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar 2016 The University of Western Ontario

Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar

Electronic Thesis and Dissertation Repository

Class actions cases illuminate the theoretical underpinnings of private law in a way that traditional two-party litigation does not. Many class actions deal with plaintiffs who have not suffered a large loss (or a quantifiable monetary loss at all), or the defendant has made profits that are disproportionately greater than the plaintiffs’ compensable loss (if any). Applying orthodox principles of private law and negligence to these cases results in barring plaintiffs from recovery despite their rights being violated and defendants not disgorging profits made from wrongdoing. The solution resolving these dilemmas should not be to create separate law only applicable ...


The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson 2016 Mitchell Hamline School of Law

The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson

Mitchell Hamline Law Review

No abstract provided.


The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey 2016 NYU School of Law

The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

The modern administrative state looms larger than ever, and grows at an ever-accelerating pace. Not everyone is pleased with these developments. Four such individuals — Chief Justice Roberts, Justices Thomas, Alito, and the late Justice Scalia — have expressed their displeasure, indeed their alarm, with consistency, clarity, and vigor. They warn that the rise of administrative agencies, and the attendant ascendance of doctrines of mandatory judicial deference to agency interpretations of federal law, signals no less than the end of our government’s separation-of-powers structure, and our right to live our lives without fear of bureaucratic encroachment at every turn. Their opinions ...


Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow 2016 New York Law School

Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow

Impact Center for Public Interest Law

No abstract provided.


Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser 2016 Indiana University Maurer School of Law

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are ...


The Prosser Myth Of Transferred Intent, Peter B. Kutner 2016 University of Oklahoma College of Law

The Prosser Myth Of Transferred Intent, Peter B. Kutner

Indiana Law Journal

The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in ...


Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell 2016 Notre Dame Law School

Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell

Journal Articles

This article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s ...


¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, Marco Andrei Torres Maldonado 2016 Universidad Nacional Mayor de San Marcos

¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

En el presente artículo el autor aborda, desde una perspectiva dogmática y práctica, la responsabilidad civil derivada de la oposición infundada por impedimento matrimonial o denuncia calumniosa, facultades que se reconocen dado el interés social y colectivo plasmado en la institución del matrimonio. Según se indica, siendo su procedencia excepcional y limitada, su ejercicio debe llevarse con prudencia y razonabilidad; pues, conforme a lo previsto en el artículo 257 del Código Civil, puede originar una indemnización por los daños y perjuicios, disposición que reconoce una responsabilidad de tipo subjetivo.


Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson 2016 Brigham Young University Law School

Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson

Brigham Young University Education and Law Journal

No abstract provided.


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