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Articles 1 - 15 of 15
Full-Text Articles in Law
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett
Fordham Urban Law Journal
No abstract provided.
Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Choice Of Law And Predictability Of Decisions In Products Liability Cases, Michael Ena
Fordham Urban Law Journal
This Comment explores the complicated choice of law questions arising in products liability cases where the product in question is often produced in one state, sold in another, and caused an injury in a third. Which state's law will be used is often a highly contested issue among the interested parties to such a suit. Because of the lack of uniformity in the choice of law methodologies and the differences in rules of law among the states, decisions are often inconsistent and highly unpredictable. Predictability of law is especially important in the products liability context for identification of business risks …
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Are Talebearers Really As Bad As Talemakers?: Rethinking Republisher Liability In An Information Age , Jennifer L. Del Medico
Fordham Urban Law Journal
This Comment critiques the legal landscape surrounding republisher liability for defamation and ultimately calls for a more reaching approach to protect against such liability. Historically at common law republishers could be held liable for defamation regardless of whether they attributed the source of the material. However, starting in 1933 courts articulated the “wire service defense” that sought to eliminate liability for republishers when they “republished a wire story from a generally recognized reliable source of daily news.” Subsequent to the 1933 Florida court’s articulation of the defense many jurisdictions have adopted it. New York stands out as one of the …
Extra! Extra! Read All About It: What A Plaintiff "Knows Or Should Know" Based On Officials' Statements And Media Coverage Of Police Misconduct For Notice Of A § 1983 Municipal Liability Claim, Jenny Rivera
Fordham Urban Law Journal
The article argues that the Second Circuit's recent decisions in Clinton v. City of New York and Monzon v. City of New York reduce the effectiveness of a §1983 claim against a municipality. The article highlights that the element of subjectivity required to determine the accrual period of a §1983 claim restricts the utility of the claim because it adopts a cultural standard at odds with a racialized societal reality. The author discusses whether consideration of plaintiffs' testimony, statements of state and local police officials, and media coverage of municipal and state employee actions should factor into determining the accrual …
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum Of Indemnification And A Proposed Solution, Richard Emery, Ilann Margalit Maazel
Fordham Urban Law Journal
This essay argues that indemnification of police officers found liable in civil suits works against deterring officers from future misconduct. The essay explains how the existing indemnification scheme results in tax payers funding these judgments and settlements and explains the mechanisms surrounding representation of a defendant officer and the city's indemnification of a decision. The author suggests a solution that allows for compensation of plaintiffs and deterrence of officers. Under the proposed solution, judges should always allow compensation for plaintiffs but should consider the officer's prior history of misconduct, the disciplinary measures taken against such misconduct, and the defendant's ability …
Loss Of Use Damage For Injuries To Interests In Commercial Chattels, James M. Lee
Loss Of Use Damage For Injuries To Interests In Commercial Chattels, James M. Lee
Fordham Urban Law Journal
Under the "loss of use" doctrine, unlike under common law, a plaintiffs right to compensation for their loss of use of chattel for the duration between the time of damage and when a substitute can be attained, is recognized. This Note traces the evolution of this progression, the problems it poses for courts, and analyzes the underlying reasons for this trend. It discusses a split between the Second and Third Department of the New York Courts on whether such compensation should be given in instances when the plaintiff had their own substitute item, e.g. a replacement vehicle after an auto …
New York's Medical Malpractice Insurance Crises--A New Direction For Reform, Mark Monaco
New York's Medical Malpractice Insurance Crises--A New Direction For Reform, Mark Monaco
Fordham Urban Law Journal
Beginning in the early 1970's, insurance companies nationwide began dropping out of the medical malpractice market. Medical malpractice had become an unprofitable field for investment partly because of a sharp and continuing increase both in the number of malpractice suits being brought against health-care providers and in the size of damage awards and settlements in medical malpractice cases. In response to increasing pressure from the medical profession and the insurance industry, many states in the mid-1970's began to experiment with ways of limiting the number of claims being entered against physicians and hospitals, and reducing the size of malpractice awards …
Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles
Automatic Teller Machine Robberies: Theories Of Liability, Joan Miles
Fordham Urban Law Journal
This student note examines theories of liability arising from robberies and assaults at ATMs (automated teller machines). The author draws from tort law the principles of landowner liability for intentional, criminal acts of third parties that arise because of a landowner's failure to protect his or her tenants or customers. The author also examines recent legislation, the EFTA (electronic funds transfer act) to see if ATM robberies can be successfully categorized as 'unauthorized transfers' from banks. The author describes possible defenses for the banks based on the location and type of ATM that is robbed, and finally concludes that because …
Toward A Time-Of-Discovery Rule For The Statute Of Limitations In Latent Injury Cases In New York State , Steven L. White
Toward A Time-Of-Discovery Rule For The Statute Of Limitations In Latent Injury Cases In New York State , Steven L. White
Fordham Urban Law Journal
Traditional statutes of limitations begin to run when a cause of action first could have been maintained by the plaintiff. Yet when the wrongful act and the injury do not occur simultaneously, a complex problem arises: when does the cause of action accrue? This is a relevant problem is various toxic tort lawsuits. There are various responses to the question of when the cause of action accrues: (1) when the wrongful act occurs, (2) when the plaintiff is injured, (3) when the plaintiff discovers his injury, and (4) when the plaintiff discovers the connection between the injury and the defendant's …
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Post-Sale Obligations Of Product Manufacturers , John S. Allee
Fordham Urban Law Journal
In products liability law, a post-sale warning exists when the manufacturer learns after a product is distributed that it failed to warn of a danger that was knowable at the time of sale. However, a manufacturer has no point-of-sale duty to warn of dangers from unforeseeable misuses or alterations of its products. When a product develops a post-sale problem because of an improvement in the state of the art (e.g. because of the development of a more effective safety device), there is no requirement that a manufacturer seek out past customers and notify them of changes in the state of …
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating
Fordham Urban Law Journal
The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
Fordham Urban Law Journal
In 1979, New York City enacted a local law requiring prior written notice of a defect before the city may be found liable for injuries resulting from potholes. But a prior written notice statute interferes with the traditional negligence doctrine of constructive notice. This Note examines traditional common law negligence as it relates to municipal liability. The procedural requirements and legislative history of the Pothole Law are analyzed. In addition, the legal and policy considerations surrounding its enactment are discussed. This Note recommends an alternative solution to the statute which takes into account both the procedural inequities of the law …
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Fordham Urban Law Journal
Volunteer anticrime groups are effective in deterring crime by exercising the statutory power to effect citizen's arrest. As a result of using this statutory authority though, the municipality may face liability, for example, where a volunteer anticrime group effected an unlawful arrest, or for use of excessive force against the arrested individual. This comment explores what a plaintiff must prove when he proceeds under various causes of action: an action under 42 U.S.C. section 1983, a state law, or a Bivens-type cause of action, in order to recover against a municipality for torts committed by anticrime volunteer groups. The Comment …
Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare
Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare
Fordham Urban Law Journal
Asbestos litigation presents numerous problems as a result of industry inaction and government inattention to the situation. Through statistics, this article addresses two major impediments to asbestos litigation claims: statute of limitations and multiple defendants. Understanding that those affected by asbestos may not know for many years and that more than one company could be responsible is vital to finding equitable solution to the problems.
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti
Fordham Urban Law Journal
Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …