Law Commons^™

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

It was a survey period marked by the lack of reconciliation. As always, the victims of civil wrongs other than breaches of contract, unreconciled to the perpetrators of those wrongs, sought redress instead 'in the courts, especially, for present purposes, the appellate courts. Plaintiffs remained unreconciled to the limitations on their rights in malpractice cases and prosecuted more appeals than ever in this burgeoning legal field. Defendants of many stripes, and some plaintiffs, too, unreconciled to the litigational tactics of their adversaries, continued to flood the courts with allegations of abusive litigation. The courts themselves, apparently unreconciled to some of …

Products Liability Law In Georgia Including Recent Developments, Robert M. Travis, Edward C. Brewer Iii

Mercer Law Review

This Article contains both a summary of products liability law in Georgia and a general overview of recent significant decisions in the products liability area. The authors' objective is to acquaint the reader with products liability law in Georgia and to review important new decisions which affect this rapidly evolving area.

• Theories of Recovery
• Parties in Product Liability Actions
• Defenses
• Damages

The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks

BYU Law Review

No abstract provided.

When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz

Florida State University Law Review

No abstract provided.

Rejecting The "Whipping-Boy" Approach To Tort Law: Well-Made Handguns Are Not Defective Products, Philip D. Oliver

University of Arkansas at Little Rock Law Review

No abstract provided.

Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley

Dalhousie Law Journal

Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …

Canadian Tort Law: A Review For The Nineties, B T. Hill

Dalhousie Law Journal

My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …

Constructing A New Action For Negligent Infliction Of Economic Loss: Building On Cardozo And Coase, Michael D. Lieder

Washington Law Review

This Article proposes the creation of a new tort of negligent infliction of economic loss, a hybrid of negligence, negligent representation, and breach of contract. An action in this new tort would permit an injured party to recover for economic loss caused by a person with whom the party is not in contractual privity. This Article focuses on the infliction of economic loss by negligent construction, where courts have applied various doctrines and arrived at six distinct and inconsistent approaches to liability issues. This Article provides a solution applicable to litigation for negligent construction. Any action should protect an injured …

Constitutional Law—Punitive Damages—Alabama's Common Law Scheme Of Awarding Punitive Damages Does Not Violate Due Process. Pacific Mutual Life Ins. Co. V. Haslip., Melody Sue Peacock

University of Arkansas at Little Rock Law Review

No abstract provided.

Variations On A Theme: Application Of Masson V. New Yorker Magazine, Inc. To A Spectrum Of Misquotation Libel Cases

Washington and Lee Law Review

No abstract provided.

Protective Orders In Products Liability Litigation: Striking The Proper Balance

Washington and Lee Law Review

No abstract provided.

Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon

West Virginia Law Review

No abstract provided.

Toward A Synthesis Of Product Liability Principles: Schwartz's Model And The Cost-Minimization Alternative, Kathryn Dix Sowle

University of Miami Law Review

No abstract provided.

Zinermon V. Burch: Putting Brackets Around The Parratt Doctrine, Edward Reidar Stabell Iii

Mercer Law Review

In Zinermon v. Burch, the Supreme Court addressed whether an adequate postdeprivation state tort law remedy provided all the process that was due to a federal claimant seeking redress for the alleged deprivation of his liberty by the wanton and reckless acts of officials charged by the State with providing predeprivation process. The majority, in an opinion written by Justice Blackmun, held that, when the erroneous deprivation was effected by the very officials responsible under state law for providing predeprivation process, the officials may not escape liability by claiming that it is impossible for the State to provide predeprivation …

Book Reviews, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Reviews of the following two books: VALUING HEALTH Risks. COSTS, AND BENEFITS FOR ENVIRONMENTAL DECISION MAKING (P. Brett Hammond and Rob Coppock, eds.) THE LIABILITY MAZE: THE IMPACT OF LIABILITY LAW ON SAFETY AND INNOVATION (Peter W. Huber And Robert E. Litan, eds.)

Weather Modification: The Continuing Search For Rights And Liabilities, Gregory N. Jones

BYU Law Review

No abstract provided.

Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller

William & Mary Law Review

No abstract provided.

Exclusion Of Personal Injury Damages: Have The Courts Gone Too Far?, Susan K. Matlow

Vanderbilt Law Review

The Internal Revenue Code (Code) sweeps into gross income "all income from whatever source derived," including, but not limited to, compensation for services, interest, dividends, rents, and alimony payments.' Specific statutory exclusions may exempt from gross income certain items that Congress has determined deserve favorable tax treatment. One such exclusion, section 104(a)(2), provides that gross income shall not include "the amount of any damages received (whether by suit or agreement and whether as lump-sums or as periodic payments) on account of personal injuries or sickness."' Congress enacted section 104(a)(2)'s predecessor in 1918," and in spite of subsequent revolutionary tax reform, …

Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix

William & Mary Law Review

No abstract provided.

Balance, Band-Aid, Or Tourniquet: The Illusion Oo Qualified Immunity For Federal Officials, H. Allen Black

William & Mary Law Review

No abstract provided.

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.

Strict Liability In The Manufacture Of Pharmeceuticals: The Halcion Homicide, Martin J. Macneill

Brigham Young University Journal of Public Law

No abstract provided.

Judicially Imposed Liquor Liability And Developments In West Virginia Negligence Actions, R. Scott Summers

West Virginia Law Review

No abstract provided.

Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready

University of Richmond Law Review

This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.

Virginia Law Of Products Liability, Thomas W. Williamson Jr.

University of Richmond Law Review

When the history of Twentieth Century America's jurisprudence is chronicled, a prominent chapter will be devoted to the rise of product liability law. At the beginning of the century, a person injured by a defective product usually had no recourse against either the product's seller or manufacturer. By 1970, the barriers obstructing recovery had been dismantled and it was generally accepted that a seller or manufacturer of a product would be strictly liable to anyone injured by the defective condition of the product.

Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram

UIC Law Review

No abstract provided.

The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg

Cleveland State Law Review

The problems created by mass marketing, unequal bargaining power, and hidden product hazards have necessitated major changes in products liability law during the past thirty years. Correspondingly, considerations of cost reduction, injury avoidance, and fair risk distribution are generally advanced as the policies behind the widespread acceptance gained by strict liability in the 1960's. A decade later, these considerations were applied to the problem of proof of causation faced by plaintiffs who could not identify the specific defendant who caused their injuries. A limited version of this problem had been considered earlier in the seminal case of Summers v. Tice, …

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …

Educational Malpractice: A Tort En Ventre, Frank D. Aquila

Cleveland State Law Review

This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …