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Full-Text Articles in Law
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
University of Michigan Journal of Law Reform
Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of admission ...to, or continued stay, in the facility. "Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes private and public responses to the increasing likelihood that nursing homes will seek collection …
Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz
Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz
Michigan Law Review
When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …
Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker
Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker
Michigan Law Review
No substantive statutory provision fulfills the purpose for which it was enacted unless fair and efficient procedures are provided for its enforcement. Under the Elizabethan family responsibility law, enforcement was confined to the parish justices of the peace, who at that time exercised both administrative and judicial functions. The blending of administrative and judicial functions no longer being the rule in American local government, practically all of the American family responsibility statutes provide for some judicial procedure by which the support duty may be enforced. The basic issue with which the courts have been concerned in applying these statutory remedies …
Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.
Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.
Michigan Law Review
Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …
Negligence-"Family Automobile" Doctrine Applied To Motorboat
Negligence-"Family Automobile" Doctrine Applied To Motorboat
Michigan Law Review
Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler
Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler
Articles
It was not until the decisions in Audubon v. Shufeldt, 181 U. S. 575, and Wetmore v. Markoe; 196 U. S. 68, that it was authoritatively determined in this country that alimony, whether in arrears at the time of filing petition, or payable in the future, was not provable in bankruptcy.