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Articles 1 - 8 of 8
Full-Text Articles in Law
Newspaper Libel, Marcus D. Gleisser
Newspaper Libel, Marcus D. Gleisser
Cleveland State Law Review
Cases to be cited below in this article will show that libel's line of danger in many instances is vague even to legal experts with specialized training and ample time for research and meditation. For journalists in their ceaseless race against time, and harried by competition, perforce relying on many sources for valuable information, the phantom of libel can be most troublesome.
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Cleveland State Law Review
The right of action for wrongful death was not seriously considered by the common law courts until 1846. It has not been given protection by most of our state constitutions despite the fact that the Federal Constitution has guaranteed life, liberty, and the pursuit of happiness. However, most states have enacted "Wrongful Death" statutes to allow protection to their inhabitants. In order for the next of kin to damages in a Wrongful Death action, there must be shown a relationship to the deceased. The fact must be established that there was an interest akin to insurable interest in the deceased, …
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Cleveland State Law Review
More neglected perhaps than any other area of tax law that comes to the attention of the practicing lawyer is the taxability of damages. Damages, of course, represent the largest class of relief sought in the courts. This discussion will be limited to the taxable status of recoveries received from business torts, an area of much controversy today.
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Cleveland State Law Review
The Internal Revenue Code enacted in 1954 has continued the 1939 Code provision of law that damages received, whether by suit or agreement, for personal injuries or sickness, are exempt from the Federal income taxation, by providing that such awards are specific exclusions from gross income. In light of this, many defense attorneys engaged in suits of such nature are asking the courts to instruct the jury of such provision, or in their closing arguments mentioning the same. The introduction of the provision in closing arguments has been the cause of many appeals and subsequent reversals due to prejudicial error.
Hospital Tort Liability, Aaron Jacobson
Hospital Tort Liability, Aaron Jacobson
Cleveland State Law Review
Public Benefit Activities of a hospital, university or welfare agency have been looked upon with special favor by the law for many decades-a genuine kind of legalistic paternalism. They being institutions of beneficent motive, the policy of the judiciary has been to aid them through notable departures from the rules. Arguments to the contrary met a stone wall of "public policy." One such departure is exemplified in the immunity from liability for the tortious conduct of their employees that hospitals have enjoyed. Thus, a patient injured through negligence while in the care of a hospital often had no recourse, no …
Nuisance In A Nutshell, Howard L. Oleck
Nuisance In A Nutshell, Howard L. Oleck
Cleveland State Law Review
Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Cleveland State Law Review
Can an automobile guest-host relation terminate en route after the beginning of the journey? In the few cases where this question has been raised, the fact situations usually have contained common characteristics. They often have involved: 1. An initial guest-host relation, 2. Careless or negligent driving on the part of the operator, 3. A demand to be let out of the car by the guest, 4. The ignoring of, or refusal to recognize the validity of such demand by the driver, 5. A subsequent accident resulting in injuries to the guest.