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Full-Text Articles in Law
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie
Vanderbilt Law Review
The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …
Strict Liability For Defective Ideas In Publications, Andrew T. Bayman
Strict Liability For Defective Ideas In Publications, Andrew T. Bayman
Vanderbilt Law Review
In 1963 the Supreme Court of California revolutionized the law of torts by adopting the theory of strict liability in products liability cases.' The American Law Institute subsequently promulgated section 402A of the Restatement (Second) of Torts in 1965. Section 402A provides that the seller of a "product in a defective condition unreasonably dangerous" may be held liable even though he has "exercised all possible care."' Today, nearly every state has adopted some form of section 402A.' Moreover, the list of modern products to which section 402A applies is virtually limitless. Yet, despite the unprecedented expansion of strict liability into …
Damages For Emotional Distress In Fraud Litigation: Dignitary Torts In A Commercial Society, Andrew L. Merritt
Damages For Emotional Distress In Fraud Litigation: Dignitary Torts In A Commercial Society, Andrew L. Merritt
Vanderbilt Law Review
One of the most dynamic developments in modern tort law has been the increased focus on damages for emotional distress. During the past few decades courts have fashioned several new tort theories to allow recovery of emotional distress damages as independent causes of action. At the same time, lobbyists and legislators have attacked these damages for contributing to "runaway" jury verdicts. As a result of these attacks, a growing number of states are enacting statutes that limit recovery of emotional distress damages in traditional tort are as such as medical malpractice. Thus, damages for emotional distress are at a crossroads …
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley
Vanderbilt Law Review
The United States Government traditionally has enjoyed sovereign immunity from tort liability. In 1946, however, Congress waived this immunity by enacting the Federal Tort Claims Act (FTCA). The FTCA gives federal district courts original jurisdiction over any claims for personal injury or death caused by the negligence of any governmental employee." This broad waiver of immunity, however, is subject to certain exceptions. Although Congress made no explicit exception for noncombat claims of service members, the Supreme Court of the United States in Feres v. United States' construed the FTCA as creating an exception that bars all claims for injuries to …