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Full-Text Articles in Law

Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed. Jun 1954

Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.

Michigan Law Review

In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …


Corporations-Indemnification Of Management For Litigation Expenses, Chester F. Relyea S.Ed. May 1954

Corporations-Indemnification Of Management For Litigation Expenses, Chester F. Relyea S.Ed.

Michigan Law Review

Two recent decisions concerning the right of a successful director-defendant to seek corporate indemnification for litigation expenses are significant because they interpret not only the relevant statutes of New York and Delaware, but also language which exists in the statutes of several other states and which as yet has not been construed by the courts of those states. These cases indicate the desirability of a general survey of such indemnification practice at common law and under statutes.


Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed. May 1954

Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …


Restitution - Reliance Losses In Contract Within Statute Of Frauds, John E. Riecker S.Ed. Mar 1954

Restitution - Reliance Losses In Contract Within Statute Of Frauds, John E. Riecker S.Ed.

Michigan Law Review

Plaintiff, the owner of a seasonal night club, orally agreed to lease the premises for three years to the defendant. The plaintiff had a written lease prepared but it was not executed. Negotiations by letters and telegrams between the parties proved that the document was not a definite integration of their agreement sufficient to satisfy the statute of frauds governing leases of land for periods longer than one year. During this interval of negotiation, plaintiff at defendant's express request had procured a liquor license for the following year at the night club, hired a watchman, retained counsel to draw the …


Federal Procedure - Appellate Practice - Duty Of The Court Of Appeals To Grant Rehearings En Banc, Raymond R. Trombadore S.Ed. Feb 1954

Federal Procedure - Appellate Practice - Duty Of The Court Of Appeals To Grant Rehearings En Banc, Raymond R. Trombadore S.Ed.

Michigan Law Review

In a suit for accounting, petitioners were denied relief in the district court and a division of the Court of Appeals for the Ninth Circuit affirmed by a two-to-one vote. Petitioners then applied for a rehearing before the court of appeals en bane. With one dissent, the rehearing was denied by the division, and the request that the rehearing be en bane was stricken as "being without authority in law or in the rules or practice of the court.'' Petitioners moved to vacate the order denying the request for a rehearing en bane on the ground that such a request …