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Full-Text Articles in Law
Tort Law And Civil Recourse, Mark A. Geistfeld
Tort Law And Civil Recourse, Mark A. Geistfeld
Michigan Law Review
A Review of Recognizing Wrongs. by John C.P. Goldberg and Benjamin C. Zipursky.
The Ncaa's Special Relationship With Student-Athletes As A Theory Of Liability For Concussion-Related Injuries, Tezira Abe
Michigan Law Review
The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the potential effects of concussions, the organization has done little to reduce the occurrence of concussions or to alleviate the potential effects that stem from repeated hits to the head. This Note argues for recognizing a special relationship between the NCAA …
A Post-Spokeo Taxonomy Of Intangible Harms, Jackson Erpenbach
A Post-Spokeo Taxonomy Of Intangible Harms, Jackson Erpenbach
Michigan Law Review
Article III standing is a central requirement in federal litigation. The Supreme Court’s Spokeo decision marked a significant development in the doctrine, dividing the concrete injury-in-fact requirement into two subsets: tangible and intangible harms. While tangible harms are easily cognizable, plaintiffs alleging intangible harms can face a perilous path to court. This raises particular concern for the system of federal consumer protection laws where enforcement relies on consumers vindicating their own rights by filing suit when companies violate federal law. These plaintiffs must often allege intangible harms arising out of their statutorily guaranteed rights. This Note demonstrates that Spokeo’s …
Houston, We Have A (Liability) Problem, Justin Silver
Houston, We Have A (Liability) Problem, Justin Silver
Michigan Law Review
The development of private manned space flight is proceeding rapidly; there are proposals to launch paying passengers before the end of 2014. Given the historically dangerous nature of space travel, an accident will probably occur at some point, resulting in passengers’ injury or death. In the event of a lawsuit stemming from such an accident, a court will likely find that a space flight entity operating suborbital flights is a common carrier, while an entity operating orbital flights is not. Regardless of whether these entities are common carriers, they face a threat of high levels of liability, as well as …
Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda
Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda
Michigan Law Review
The case of the blameworthy-but-fortunate defendant has emerged as one of the most perplexing scenarios in mass tort litigation today. One need look no further than the front page of the newspaper to find examples of mass tort defendants said to have engaged in irresponsible conduct - even conduct that one might regard as morally outrageous in character - but that nonetheless advance eminently plausible contentions that they have not caused harm to others. This issue is not merely a matter for abstract speculation. A now-familiar mass tort scenario involves a defendant that markets a product without informing consumers about …
Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard
Identifying And Valuing The Injury In Lost Chance Cases, Todd S. Aagaard
Michigan Law Review
Any plaintiff seeking to recover in tort must prove that the defendant has breached the duty of care. Even after the plaintiff has established the defendant's breach of duty, however, issues of causation and damages remain. These two issues are frequently vexing, both conceptually and in terms of evidentiary demonstration. For example, if a plaintiff proves that a defendant acted negligently, it still may be unclear whether the plaintiff would have been injured even ip the absence of the defendant's negligence. Similarly, in assessing damages, factfinders often :find it difficult to attach a monetary value to a plaintiff's nonpecuniary losses …
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Michigan Law Review
This article examines this dissonance between accepted theory and observed reality, between what the model envisions and what the tort system seems to deliver. After sketching the model in greater detail, the first section of the article reviews restraints within tort law on the achievement of efficient outcomes. The analysis then turns to the broader legal environment, and describes how legally sanctioned means of liability evasion - such as the corporate law doctrine of limited liability and the bankruptcy rules permitting discharge of obligations - may further undermine the practical utility of the social efficiency model of tort. The final …
Road Signs And The Goals Of Justice, Joseph Sanders
Road Signs And The Goals Of Justice, Joseph Sanders
Michigan Law Review
Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Michigan Law Review
A Review of At Any Cost: Corporate Greed, Women, and the Dalkon Shield by Morton Mintz and Outrageous Misconduct: The Asbestos Industry on Trial by Paul Brodeur
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Intramilitary Immunity And Constitutional Torts, Michigan Law Review
Michigan Law Review
This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …
The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell
The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell
Michigan Law Review
The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.
Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck
Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck
Michigan Law Review
The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Michigan Law Review
This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Michigan Law Review
Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Michigan Law Review
Plaintiff and his wife were driving from Michigan to Iowa to visit a certain church to which plaintiff, a minister, was considering a call. Defendant desired to visit a college in Illinois, with the intention of enrolling as a student. It was agreed that defendant should ride in plaintiff's automobile to Illinois, where plaintiff was to help defendant gain admission to the college; later defendant was to return with the plaintiff to Michigan. The parties alternated in driving the automobile on the trip. At a certain stage in the journey, defendant negligently operated the automobile and caused it to become …
Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer
Negligence-Proximate Cause-Plaintiff's Burden Of Proof Where Either Of Two Wrongful Acts Could Have Caused Injury, M. J. Spencer
Michigan Law Review
While walking on a highway, A was knocked down by a car driven by B, and was almost immediately run over by C's car. A was pronounced dead from several injuries, any one of which would have sufficed to cause his death. Plaintiff, A's administratrix, recovered judgment against both B and C for A's death. Held, reversing on other grounds, joinder of B and C was proper. Micelli v. Hirsch, (Ohio App. 1948) 83 N.E. (2d) 240.
Executors And Administrators-Tort Action Against Personal Representative After Estate Is Closed, Leroy H. Redfern S.Ed.
Executors And Administrators-Tort Action Against Personal Representative After Estate Is Closed, Leroy H. Redfern S.Ed.
Michigan Law Review
Plaintiff sustained personal injuries due to the negligent act of an employee in a business operated by defendant executor with court authorization. Eight months after the accident occurred the assets of the estate were distributed and the executor discharged. Four months later the plaintiff instituted a suit for damages against defendant in his individual capacity. Held, discharge of the executor did not relieve him of personal liability for the tortious acts of his agent. Johnston v. Long, ( Cal. 1947) 180 P. (2d) 21, as modified on denial of rehearing 181 P. (2d) 645.
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Michigan Law Review
The plaintiff, a spectator at a baseball game, brought an action to recover for injuries sustained when he was struck by a foul ball. He was sitting in a reserved seat, but in a section of the grandstand not protected by a wire netting. Despite novel allegations designed, apparently, to suggest plaintiff's right to rely on the implication that a "reserved seat" is one which is located back of a protecting screen, and, further, to deny any μappreciation of the risk, on plaintiff's part, by suggesting that, at sixty-four, he was subject to the failing eyesight which customarily accompanies that …
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Michigan Law Review
A recent case, decided by the Supreme Court of Indiana, and commented upon elsewhere in this issue, involved the interesting question as to the existence of a duty to go to the aid of a person who is in helpless peril through no initial fault on the part of the defendant.
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell
Michigan Law Review
Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg
Michigan Law Review
Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …
A Footnote On Dangerous Animals, Mary Coate Mcneely
A Footnote On Dangerous Animals, Mary Coate Mcneely
Michigan Law Review
Much has been said and written by courts and authors on different aspects of the question of liability for injuries by animals, but there remains the task of fitting all these pieces into a complete pattern. The general subject of liability of the possessor of harm-producing animals has been treated on two separate and independent theories: (1) trespass, for injuries by marauding cattle; (2) case, for harms caused by animals other than trespassing cattle. The explanation for the separation of these two bodies of law is in part historical, the possessor of straying cattle being historically so identified with them …
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Negligence - Duty To Discover Continuous Trespasser Or Bare Licensee On Railroad's Right Of Way, Michigan Law Review
Michigan Law Review
Plaintiff alleged that while he was carefully crossing defendant's right of way, on a clearly defined and well worn footpath, he was struck by defendant's engine, which was backing toward the footpath in a "stealthy manner"; that defendant's servants failed to give warning as they were accustomed to do, or keep a lookout; that the footpath had been habitually used in crossing defendant's right of way for many years, that such crossing had been constant, open, and notorious as defendant knew; and that defendant had never objected to this use. Defendant demurred. Held, demurrer sustained on the ground that …
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Negligence - Proximate Cause - When Condition Created By Prior Of Successive Negligent Acts May Be The Proximate Cause, Benjamin G. Cox
Michigan Law Review
A railroad's employee negligently allowed plaintiff's intestate to board the wrong train and then put her off at an intermediate station to await the proper train. Coming from the waiting room later, preparatory to boarding the right train, intestate fell on the waiting room steps and suffered fatal injuries. Plaintiff sued the railroad. Held, that the employee's negligence was the proximate cause of intestate's injuries and that the employer railroad is liable. Louisville & N. R.R. v. Maddox, 236 Ala. 594, 183 So. 849 (1938).
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Michigan Law Review
Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Michigan Law Review
A series of Minnesota statutes, passed from time to time regulating the conduct of railroads, were united in the laws of 1925. Among other things, this act empowers the Railroad and Warehouse Commission to prescribe and order safety devices at crossings. The plaintiff was injured when the car in which he was riding hit defendant's train, which was already over the crossing. The evidence showed that the street sloped steeply toward the track, but the track was somewhat elevated from the street level at the crossing, so that the lights from the automobile could not shine on the train. Nor …