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5434 full-text articles. Page 5 of 94.

Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French 2017 Penn State Law

Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French

Journal Articles

In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False ...


Causing Copyright, Shyamkrishna Balganesh 2017 University of Pennsylvania Law School

Causing Copyright, Shyamkrishna Balganesh

Faculty Scholarship

Copyright protection attaches to an original work of expression the moment it is created and fixed in a tangible medium. Yet, modern copyright law contains no viable mechanism by which to examine whether someone is causally responsible for the creation and fixation of the work. Whenever the issue of causation arises, copyright law relies on its preexisting doctrinal devices to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous considerations. This Article argues that copyright law embodies an unstated, yet distinct theory of authorial causation, which connects the element of human agency to a work ...


Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude 2017 Marquette University Law School

Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal ...


In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue 2017 University of Pennsylvania Law School

In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue

Faculty Scholarship

For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the common law governing such liability insurance policies, and we are the reporters. In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement:

(a) are radically contrary to existing case law,

(b) have a naïve “pro-policyholder” bias that ignores basic economic ...


3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson 2017 University of Minnesota Law School

3d Printing: What Could Happen To Products Liability When Users (And Everyone Else In Between) Become Manufacturers, James M. Beck, Matthew D. Jacobson

Minnesota Journal of Law, Science & Technology

No abstract provided.


Ab 2748: Like Lead And Methane Gas, Causation Issues Continue To Lurk, Wiemond Wu 2017 University of the Pacific, McGeorge School of Law

Ab 2748: Like Lead And Methane Gas, Causation Issues Continue To Lurk, Wiemond Wu

The University of the Pacific Law Review

No abstract provided.


Rain, Rain, Don’T Go Away: Cloud Seeding Governance In The United States And A Proposal For Federal Regulation, Melissa Currier 2017 The University of Pacific, McGeorge School of Law

Rain, Rain, Don’T Go Away: Cloud Seeding Governance In The United States And A Proposal For Federal Regulation, Melissa Currier

The University of the Pacific Law Review

No abstract provided.


Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick 2017 University of the Pacific, McGeorge School of Law

Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick

The University of the Pacific Law Review

No abstract provided.


Taking A Second Look At Mdl Product Liability Settlements: Somebody Needs To Do It, Christopher B. Mueller 2017 University of Colorado Law School

Taking A Second Look At Mdl Product Liability Settlements: Somebody Needs To Do It, Christopher B. Mueller

Articles

This Article examines the forces that lead to the settlement of product liability cases gathered under the MDL statute for pretrial. The MDL procedure is ill-suited to this use, and does not envision the gathering of the underlying cases as a means of finally resolving them. Motivational factors affecting judges and lawyers have produced these settlements, and the conditions out of which they arise do not give confidence that they are fair or adequate. This Article concedes that MDL settlements are likely here to stay, and argues that we need a mechanism to check such settlements for fairness and adequacy ...


Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim 2017 Indiana University Maurer School of Law

Improving The Effectiveness Of South Korean Product Liability Including Punitive Damages: A Comparative Analysis Between The United States And South Korea, Minsung Kim

Theses and Dissertations

As South Korean Product Liability Act was revised to adopt the U.S. doctrine of punitive damages, there is a theoretical necessity of reviewing the relations between the theory of product liability and the U.S. doctrine of punitive damages. The theory of product liability is closely related to the strict liability but the doctrine of punitive damages has been developed to regulate malicious misconducts. Due to the different basic concepts, the strict liability and malicious misconducts, the theory of product liability might not include the doctrine of punitive damages. In addition to the compatibility issue, functions of the punitive ...


Assigning Liability In An Autonomous World, Agni Sharma 2017 Claremont McKenna College

Assigning Liability In An Autonomous World, Agni Sharma

CMC Senior Theses

Liability laws currently in use rely on a fault-based system that focuses on a causal connection between driver actions and the resulting road accident. The role of the driver is set to reduce with the emergence of autonomous vehicles, so how will liability adapt to meet the needs of an autonomous world? The paper discusses possible frameworks of liability that could be implemented in the future, and accentuates the importance of the causal aspects of the current framework in the new system.


A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke 2017 Pannone Lopes Devereaux & O'Gara LLC

A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke

Roger Williams University Law Review

No abstract provided.


2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2017 Roger Williams University

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


Gun Control Through Tort Law, Richard C. Ausness 2017 University of Kentucky College of Law

Gun Control Through Tort Law, Richard C. Ausness

Law Faculty Scholarly Articles

I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.

In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort ...


Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine 2017 Mitchell Hamline School of Law

Torts: No Statutory Interpretation Required—Guzick V. Kimball, Marcus Jardine

Mitchell Hamline Law Review

No abstract provided.


Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch 2017 University of Georgia School of Law

Monopolies In Multidistrict Litigation, Elizabeth Chamblee Burch

Scholarly Works

When transferee judges receive a multidistrict proceeding, they select a few lead plaintiffs’ lawyers to efficiently manage litigation and settlement negotiations. That decision gives those attorneys total control over all consolidated plaintiffs’ claims and rewards them richly in common-benefit fees. It’s no surprise then that these are coveted positions, yet empirical evidence confirms that the same attorneys occupy them time and again.

Anytime repeat players exist and exercise both oligopolistic leadership control across multidistrict proceedings and monopolistic power within a single proceeding, there is concern that they will use their dominance to enshrine practices and norms that benefit themselves ...


The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern 2017 Indiana University Maurer School of Law

The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern

Theses and Dissertations

Both U.S. and English courts has confronted with the concurrent situations mostly occurring in the cases where 1) the plaintiff asks for the recovery in tort claim despite the existence of contractual relationship or 2) the plaintiff asserts contract claim but the defendant contends that the issue at bar should be sound in tort rather than in contract. After studying all relevant cases and academic writings, this thesis found that both U.S. and English systems generally recognize concurrent tort claim as an elective right. The courts have attempted to provide the justified rationales either to allow the plaintiffs ...


A Major Change For Minor Victims: A Call To Amend Rhode Island's Statute Of Limitations For Children's Medical Malpractice Suits, Brandon Ruggieri 2017 J.D. 2018, Roger Williams University School of Law

A Major Change For Minor Victims: A Call To Amend Rhode Island's Statute Of Limitations For Children's Medical Malpractice Suits, Brandon Ruggieri

Roger Williams University Law Review

No abstract provided.


A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz 2017 University of Michigan Law School

A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz

Michigan Telecommunications and Technology Law Review

With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy ...


The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz 2017 University of Michigan Law School

The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz

Reviews

Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which ...


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