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Articles 31 - 43 of 43
Full-Text Articles in Law
Misrepresentation - Part Ii, Fleming James Jr., Oscar S. Gray
Misrepresentation - Part Ii, Fleming James Jr., Oscar S. Gray
Maryland Law Review
No abstract provided.
The Supreme Court And The Tort Claims Act: End Of An Enlightened Era, Richard Krotseng
The Supreme Court And The Tort Claims Act: End Of An Enlightened Era, Richard Krotseng
Cleveland State Law Review
Recent decisions of the Court interpreting the Federal Tort Claims Act, including Laird v. Nelms and Stencel Aero Engineering Corp. v. United States, and to a lesser extent, Logue v. United States and United States v. Orleans, indicate a definite shift away from the Supreme Court's broad view of the Act, towards a much narrower concept of governmental tort liability. It is the purpose of this note to document and analyze this rather drastic shift in construction of the FTCA, in light of the past precedents, legislative history and public policy.
An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden
An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden
Kentucky Law Journal
No abstract provided.
Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson
University of Richmond Law Review
The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.
Common Carriers And Risk Distribution: Absolute Liability For Transporting Hazardous Materials, James F. Roberts
Common Carriers And Risk Distribution: Absolute Liability For Transporting Hazardous Materials, James F. Roberts
Kentucky Law Journal
No abstract provided.
Skinner V. Reed-Prentice Division Package Co.: Adoption Of Contribution In Illinois, Timothy J. Rivelli
Skinner V. Reed-Prentice Division Package Co.: Adoption Of Contribution In Illinois, Timothy J. Rivelli
Loyola University Chicago Law Journal
No abstract provided.
Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton
Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton
Florida State University Law Review
Tort Law- ASSUMPTION OF RISK- ADOPTION OF COMPARATIVE NEGLIGENCE REQUIRES THAT THE DEFENSE OF IMPLIED ASSUMPTION OF RISK BE ELIMINATED AS AN ABSOLUTE BAR TO RECOVERY.
Stuart V. Hertz Corp., 351 So. 2d 703 (Fla. 1977), Richard Gordon
Stuart V. Hertz Corp., 351 So. 2d 703 (Fla. 1977), Richard Gordon
Florida State University Law Review
Tortl Law-INDEMNITY-ORIGINAL TORTFEASOR UNABLE TO RECOVER FOR AGGRAVATION OF PLAINTIFF'S INJURY BY NEGLIGENT ACTION OF SECOND TORTFEASOR.
Skinner V. Reed-Prentice: The Application Of Contribution To Strict Product Liability, 12 J. Marshall J. Prac. & Proc. 165 (1978), Susan H. Maynard
Skinner V. Reed-Prentice: The Application Of Contribution To Strict Product Liability, 12 J. Marshall J. Prac. & Proc. 165 (1978), Susan H. Maynard
UIC Law Review
No abstract provided.
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
Conflict Of Laws--An Alternative To Lex Loci Delicti In West Virginia, F. Samuel Byrer
West Virginia Law Review
No abstract provided.
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
Torts--Parent's Recovery For Loss Of Society And Companionship Of Child, Michael B. Victorson
West Virginia Law Review
In situations where a child has been killed or injured as the result of a third party's negligent, tortious act, case law overwhelmingly supports the view that a parent may not recover damages from the third-party tortfeasor for the loss of the child's society and companionship. A growing minority of cases, however, have expreessly recognized that such losses are recoverable, and other cases have employed language susceptible to the interpretation that recovery for such losses may be allowed. While most of this development has been in the area of wrongful death, rather than personal injury, the analysis for one area …
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Cleveland State Law Review
What the government and the various states which have also reacted to the product liability "crisis" by passing "codes" have not faced, however, is the fact that the "uncertainties" they would abolish to a large extent only reflect the risks inherent in the manufacture and use of complex and even of simple products. Uncertainty and risk are allocated and occasionally misallocated by the tort system, but they are not caused by it. As a result, the proposed codes may well reallocate or shift the burdens of accident risks and uncertainty, in part or in whole, from the manufacturer (on whom …
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
Seattle University Law Review
This comment analyzes the present utility of the collateral source rule and finds the rule unjustified as a means of ensuring either punishment of the defendant or just compensation for the plaintiff. It further examines the efficacy of subrogation in eliminating the collateral source rule's vice of double recovery. The comment concludes that legislative reform abolishing the collateral source rule and subrogation in medical malpractice suits should extend to all tort actions for personal injury, thereby entirely eliminating double recovery and the consequent higher societal costs in insurance premiums, taxes, and prices.