Law Commons^™

An Analysis Of Products Liability Defenses In The Aftermath Of Hopkins., John F. Scarzafava

St. Mary's Law Journal

Abstract Forthcoming.

Misreading Menetti: The Case Does Not Help You Avoid Liability For Your Own Fraud, Val D. Ricks

St. Mary's Law Journal

Several decades ago, an incorrect legal idea surfaced in Texas jurisprudence: that business entity actors are immune from liability for fraud that they themselves commit, as if the entity is solely responsible. Though the Supreme Court of Texas has rejected that result several times, it keeps coming back. The most recent manifestation is as a construction of Texas’s unique veil-piercing statute. Many lawyers have suggested that this view of the veil-piercing statute originated in Menetti v. Chavers, a San Antonio Court of Appeals case decided in 1998. Menetti has in fact played a prominent role in the movement to …

The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier

St. Mary's Law Journal

Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.

In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis

St. Mary's Law Journal

Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …

Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk

St. Mary's Journal on Legal Malpractice & Ethics

Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion …

The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States Supreme Court did not clearly define what facts invoke the Alien Tort Statute (ATS). The Court also failed to provide guidance as to what claims touch and concern the territory of the United States. Enacted by the Continental Congress in the late 18th century, ATS states that federal district courts shall have original jurisdiction of any civil action by an alien for a tort committed in violation of the law of nations or a treaty of the United States. Because ATS has remained dormant for nearly 200 years, various federal courts have experienced immense difficulty interpreting its …

Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe

The Scholar: St. Mary's Law Review on Race and Social Justice

Courts should not recognize an injury for wrongful birth or wrongful life based on the race of the child. In Cramblett v. Midwest Sperm Bank, the petitioner contracted with a sperm bank to be artificially inseminated from an anonymous sperm donor. The petitioner selected a donor with blond hair and blue eyes. The sperm bank accidentally inseminated the petitioner with sperm from a different donor. Petitioner gave birth to a mixed-race baby girl. Two years after the birth, petitioner filed a lawsuit against the sperm bank alleging wrongful birth. The court dismissed her case, nonetheless the issue remains whether race …

Oh Lord Won't You Buy Me A Mercedes Benz: A Comparison Of State Wrongful Conviction Compensation Statutes., Donna Mckneelen

The Scholar: St. Mary's Law Review on Race and Social Justice

All states should pass compensation statutes that provide financial assistance to exonerees. Following wrongful incarceration, exonerees may suffer from post-traumatic stress and may need assistance readjusting to everyday life. Many exonerees may be be ineligible for social benefits and may lack a support system. The exoneree may be alienated because family and friends may still believe that the exoneree actually committed the crime. Furthermore, exonerees may struggle to obtain employment because they lack the current educational and job training skills required for most jobs. Additionally, exonerees may have pre-existing health problems that were exacerbated while incarcerated. An exoneree’s health problems …

Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s nonsubscriber law precedence and interpretation directly conflict with the plain language and legislative intent of Texas Labor Code § 406.033. The purpose of § 406.033 is to protect injured workers and to encourage employers to subscribe to the state’s workers’ compensation system. Texas, however, allows employers to opt-out. Employers who elect to opt out of the workers’ compensation system are called “nonsubscribers.” By making this decision, nonsubscribers save on the cost of paying premiums for worker’s compensation, but potentially expose themselves to total liability against injured employees who can prove his or her employer breached one of their defined …

Recovery Of Exemplary Damages From The Estate Of A Tortfeasor Is Permitted Under The Texas Survival Statute., Scott A. Hennis

St. Mary's Law Journal

Abstract Forthcoming.

Wrongful Life: The Child's Cause Of Action For Negligent Genetic Counseling In Texas., James M. Parker Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Unit Owner's Liability For Tort Claims Arising From Common Elements Due To Negligence Of Owner's Association Limited To Proportionate Ownership In Common Elements Symposium - Selected Topics On Land Use Law - Case Note., Jacquelyn L. Bain

St. Mary's Law Journal

No abstract provided.

Allegation Of Negligent Operating Procedures In Slip And Fall Actions After Corvin V. Safeway Stores.Allegation Of Negligent Operating Procedures In Slip And Fall Actions After Corvin V. Safeway Stores., Liska F. Lusk

St. Mary's Law Journal

Abstract Forthcoming.

Physician Owes Duty Of Care To Third Party When His Negligence In Failing To Warn Patient Not To Drive Contributes To Third Party's Injury., Kevin L. Kelley

St. Mary's Law Journal

Abstract Forthcoming.

A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini

St. Mary's Law Journal

Abstract forthcoming.

Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer

St. Mary's Law Journal

Abstract forthcoming.

Parents Allowed To Recover Damages For Loss Of Companionship And Society As Well As Damages For Mental Anguish For Death Of Minor Child Under Texas Wrongful Death Act., Vicky Hallick Robbins

St. Mary's Law Journal

Abstract forthcoming.

State Of The Art Evidence Admissible To Rebut Evidence Of Feasible Design Alternatives., Patricia Mary Mcentee

St. Mary's Law Journal

Abstract Forthcoming.

Doctrine Of Common Law Indemnity Abolished In Negligence Cases As Inconsistant With The Comparative Negligence And Contribution Statute., Scott Jackson Duncan

St. Mary's Law Journal

Abstract Forthcoming.

The Uniform Commercial Code Provides An Alternative Remedy To Strict Liability In Tort Regarding Injuries Suffered From A Defective Product Without Requiring Privity., Patricia Mary Mcentee

St. Mary's Law Journal

Abstract Forthcoming.

Lex Loci Delicti And Dissimilarity Doctrine Abandoned And Most Significant Relationship Test Adopted., Patrick B. Tobin

St. Mary's Law Journal

Abstract Forthcoming.

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Election Of Remedies And Settlement - New Lyrics To An Outworn Tune Lawyer's Forum - Settlements - New Perspectives., Les Mendelsohn

St. Mary's Law Journal

Abstract Forthcoming.

Products Liability: Manufacturer's Liability For Products Not Unreasonably Dangerous When Originally Marketed - A Commentary On Bell Helicopter Company V. Bradshaw., Keith B. O'Connell

St. Mary's Law Journal

Abstract Forthcoming.

Contribution And Indemnity Between Negligent And Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Personal Injuries And The Texas Survival Statute: The Case For Recovery Of Damages For A Decedent's Lost Future Earnings., Karl L. Rubinstein

St. Mary's Law Journal

Abstract Forthcoming.

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.

Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.

St. Mary's Law Journal

Abstract Forthcoming.