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Torts

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2002

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Full-Text Articles in Law

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois Dec 2002

Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois

William & Mary Law Review

No abstract provided.


Labor And Employment Law, Thomas M. Winn Iii Nov 2002

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.


Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss Nov 2002

Product Liabiity And Game Theory: One More Trip To The Choice-Of-Law Well, Michael I. Krauss

BYU Law Review

No abstract provided.


Appellate Malpractice, Steven Wisotsky Oct 2002

Appellate Malpractice, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


Pliability Rules, Abraham Bell, Gideon Parchomovsky Oct 2002

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …


Products Liability - Emerging Consensus And Persisting Problems: An Analytical Review Presenting Some Options, Dr. J. Stanley Mcquade Oct 2002

Products Liability - Emerging Consensus And Persisting Problems: An Analytical Review Presenting Some Options, Dr. J. Stanley Mcquade

Campbell Law Review

No abstract provided.


A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman Oct 2002

A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman

Indiana Law Journal

No abstract provided.


"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes Oct 2002

"United We Stand": Managing Choice-Of- Law Problems In September-11-Based Toxic Torts Through Federal Substantive Mass- Tort Law, Kenneth G. Kubes

Indiana Law Journal

No abstract provided.


Modern Tort Law Demystified, Carl Tobias Sep 2002

Modern Tort Law Demystified, Carl Tobias

Nevada Law Journal

No abstract provided.


Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet Sep 2002

Replacing A Solid Wall With A Chain-Link Fence: Special Relationship Analysis For Tort Recovery Of Purely Economic Loss, Robert M. Stonestreet

West Virginia Law Review

No abstract provided.


Unloved: Tort In The Modern Legal Academy, John C.P. Goldberg Sep 2002

Unloved: Tort In The Modern Legal Academy, John C.P. Goldberg

Vanderbilt Law Review

In The Idea of Private Law, Ernest Weinrib makes an arresting claim. He says that private law-by which he means primarily the law of contract, restitution, and especially tort-is "just like love."'

Even members of a discipline devoted to analogies may be forgiven for not immediately perceiving the point of this one, particularly if we focus on the private law of tort. Few law students would mistake negligence, defamation, or battery for love, and if they did, their professors might be concerned for their well-being. Likewise, it is difficult to recall another law professor writing of love and tort in …


Tort Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Tort Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker Jun 2002

Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker

Nevada Law Journal

No abstract provided.


Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher Jun 2002

Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher

Nevada Law Journal

No abstract provided.


Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas Jun 2002

Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas

Nevada Law Journal

No abstract provided.


Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten Apr 2002

Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten

University of Arkansas at Little Rock Law Review

No abstract provided.


Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed Mar 2002

Rising Seas And Disappearing Islands: Can Island Inhabitants Seek Redress Under The Alient Tort Claims Act?, Rosemary Reed

Washington International Law Journal

Sea levels are rising as a result of increasing greenhouse gas concentrations and global warming. The rising seas threaten to submerge many Pacific Island nations within the next century. The island inhabitants have sought help from the global community, but thus far have been denied assistance. However, the island inhabitants could seek redress in U.S. District Courts against major greenhouse gas emitters under the Alien Tort Claims Act. To satisfy the ATCA's requirement that tort claims must be in violation of international law, the islanders could claim that they are victims of environmental human rights violations and possibly genocide. While …


The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey Mar 2002

The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey

Washington and Lee Law Review

No abstract provided.


Intential Infliction Of Mental Distress In Nevada, Carl Tobias Mar 2002

Intential Infliction Of Mental Distress In Nevada, Carl Tobias

Nevada Law Journal

No abstract provided.


Locating Inevitable Disclosure's Place In Trade Secret Analysis, Jennifer L. Saulino Mar 2002

Locating Inevitable Disclosure's Place In Trade Secret Analysis, Jennifer L. Saulino

Michigan Law Review

For ten years, William Redmond, Jr., worked for PepsiCo, the maker of the sports drink All-Sport. Redmond's status as General Manager gave him access to trade secrets. PepsiCo protected those trade secrets by contract, and, as is typical, PepsiCo required Redmond to sign a confidentiality agreement covering all "confidential information relating to the business of [PepsiCo]." This confidentiality agreement, like most of its kind, protected the company from the danger that an employee who knew secret information would change jobs and disclose that information. In late 1994, Redmond accepted a position with Quaker's Gatorade division, a major competitor of PepsiCo's …


Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr. Feb 2002

Outlaws And Outlier Doctrines: The Serious Misconduct Bar In Tort Law, Joseph H. King Jr.

William & Mary Law Review

No abstract provided.


Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle Jan 2002

Look What They've Done To My Tort, Ma: The Unfortunate Demise Of "Abuse Of Process" In Maryland, Jeffrey J. Utermohle

University of Baltimore Law Review

No abstract provided.


E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts Jan 2002

E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts

UIC Law Review

No abstract provided.


Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom Jan 2002

Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom

Journal of Law and Health

This is a transcript of a two hour symposium which deals with the Sulzer knee and hip replacement class action. A copy of the settlement is included as an appendix. The settlement in the U.S. District Court for the N.D. Ohio was unique and creative approach to resolving a mass tort class action. In a novel move, Sulzer agreed to open its books to an independent review firm to determine how much the firm could pay without going bankrupt. The number was $1 billion. As negotiated by the parties and approved by the court, the final settlement provides compensation for …


Medical Errors: Causes, Cures, And Capitalism, Keith Myers Jan 2002

Medical Errors: Causes, Cures, And Capitalism, Keith Myers

Journal of Law and Health

This article explores the causes of medical error, the medical profession's responses to errors, and how the legal system responds to medical error through litigation and legislation. Part II discusses the definition of "medical error," the frequency and pervasiveness of the problem, and the causes at the individual and system level. Part III considers how the culture of medicine has largely failed to address medical errors as a systems-based problem, and how the legal culture discourages admitting errors due to the threat of litigation. Focusing on systems, data must be collected and analyzed, and legal guidelines developed to encourage error …


Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt Jan 2002

Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt

Buffalo Law Review

No abstract provided.


Punitive Damages: Cooper Industries V. Leatherman Tool Group: Will A Constitutional Objection To The Excessiveness Of A Punitive Damages Award Save Defendants From Oklahoma's Punitive Damages Statute, Amanda L. Maxfield Jan 2002

Punitive Damages: Cooper Industries V. Leatherman Tool Group: Will A Constitutional Objection To The Excessiveness Of A Punitive Damages Award Save Defendants From Oklahoma's Punitive Damages Statute, Amanda L. Maxfield

Oklahoma Law Review

No abstract provided.


Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr. Jan 2002

Licensees In Landoccupiers' Liability Law - Should They Be Exterminated Or Resurrected, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.


Lost Chance In Illinois? That May Still Be The Case, 36 J. Marshall L. Rev. 249 (2002), Lisa Petrilli Jan 2002

Lost Chance In Illinois? That May Still Be The Case, 36 J. Marshall L. Rev. 249 (2002), Lisa Petrilli

UIC Law Review

No abstract provided.


The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons Jan 2002

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …