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- St. Mary’s Law Journal (2)
- 125 F. Supp. 110 (S.D.N.Y. 1954) (1)
- 237 F.2d 884 (2d Cir. 1956) (1)
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- 53 F.R.D. 24 (E.D.N.Y. 1971) (1)
- 58 U.S. (17 How.) 170 (1854) (1)
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- 95 S. Ct. 491 (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar
Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar
St. Mary's Law Journal
Abstract Forthcoming.
Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs
Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs
St. Mary's Law Journal
Abstract Forthcoming.
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
St. Mary's Law Journal
A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …
Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington
Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington
St. Mary's Law Journal
Abstract Forthcoming.
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
St. Mary's Law Journal
Since 1854, the United States has followed the English rule regarding ship collision cases: where both vessels involved in a collision are at fault, each party is responsible for one-half of the total damages regardless of its respective degree of blame. At the time, the rule was considered necessary to provide just and equitable results in admiralty litigation. However, the harshness of the rule justifies its disregard in favor of more equitable remedies. The problem with divided damages can be illustrated by the following scenario: a small pleasure craft and an oil tanker collide. The pleasure craft is only slightly …