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Articles 1 - 30 of 69
Full-Text Articles in Law
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, Jolene S. Fernandes
Perfecting Pregnancy Via Preimplantation Genetic Screening: The Quest For An Elusive Standard Of Care, Jolene S. Fernandes
UC Irvine Law Review
No abstract provided.
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Fordham Law Review
Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on …
Torts, Phillip Comer Griffeth, Cash V. Morris
Torts, Phillip Comer Griffeth, Cash V. Morris
Mercer Law Review
This Article surveys recent developments in Georgia tort law between June 1, 2013 and May 31, 2014. During this survey period, the Georgia Supreme Court decided several cases of significance in the medical malpractice arena, and a seven-judge panel of the Georgia Court of Appeals was called upon to decide a slip-and-fall case. Some might argue that a few of these cases were victories for the plaintiff's bar. However, a close reading of the opinions reflects some well-reasoned and impressive legal arguments concerning the gross negligence and summary judgment standards applied by Georgia's appellate jurists. These opinions will be cited …
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold, Nicholas Karwacki
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold, Nicholas Karwacki
Villanova Law Review
No abstract provided.
To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. Dimatteo
To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. Dimatteo
Florida Law Review
In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District of California, claiming that they violated the Privacy Act by disclosing his medical records to one another without his consent. Alleging that the unlawful disclosure of his condition caused him severe emotional distress, Cooper sought monetary relief under the Privacy Act’s civil remedies provision, which establishes a cause of action against the government for “actual damages.” The dispositive …
Small Claims, Big Recovery: Proposals For Settlement In Florida’S Small Claims Courts Post-Nichols, Laura M. Beard
Small Claims, Big Recovery: Proposals For Settlement In Florida’S Small Claims Courts Post-Nichols, Laura M. Beard
Florida Law Review
After a debilitating car accident left Shannon Nichols injured and saddled with nearly $10,000 in medical bills, she sought only one thing—a road to recovery. Instead, Nichols faced a harrowing reality—after turning down a proposal for settlement from her insurer and losing at trial, not only did Nichols fail to receive reimbursement for her medical expenses, but she also was forced to pay her insurer’s attorneys’ fees and costs, an amount totaling over $23,000.
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Florida Law Review
Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such as engineers and architects. While Florida has historically enforced limitation of liability clauses in professional services contracts, recent cases have cast doubt on whether the clauses are enforceable. If the Florida Supreme Court establishes that professionals cannot rely upon these clauses, it will be taking a position contrary to the majority of states, including New York, …
The Recognition And Enforcement Of Punitive Damage Awards In Germany: Recent Developments, Andre R. Fiebig
The Recognition And Enforcement Of Punitive Damage Awards In Germany: Recent Developments, Andre R. Fiebig
Georgia Journal of International & Comparative Law
No abstract provided.
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Georgia Journal of International & Comparative Law
No abstract provided.
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Port State Control: Strong Medicine To Cure A Sick Industry, John Hare
Port State Control: Strong Medicine To Cure A Sick Industry, John Hare
Georgia Journal of International & Comparative Law
No abstract provided.
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum
Georgia Journal of International & Comparative Law
No abstract provided.
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster
Georgia Journal of International & Comparative Law
No abstract provided.
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Seattle University Law Review
Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …
Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner
Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner
Touro Law Review
No abstract provided.
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal, Jonathan L. Neville
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal, Jonathan L. Neville
Georgia Journal of International & Comparative Law
No abstract provided.
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods, Kristen Gartman Rogers
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods, Kristen Gartman Rogers
Georgia Journal of International & Comparative Law
No abstract provided.
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations, Jenny N. Bounngaseng
Georgia Journal of International & Comparative Law
No abstract provided.
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Thin-Skull Plaintiffs, Socio-Cultural "Abnormalities" And The Dangers Of An Objective Test For Hypersensitivity, Eugene C. Lim
Dalhousie Law Journal
The extent to which "hypersensitivity" can serve as a legal basis for demanding additional compensation has always been a controversial issue in tort law. A key challenge facing courts lies in determining how the "thin-skull rule," traditionally related to physical conditions that predispose an individual to additional injury, can be applied to claims from "hypersensitive" plaintiffs citing personality-linked vulnerabilities of a religious, socio-cultural, or psychiatric nature. This article critically evaluates the viability of the "ordinary-fortitude test" adopted by the Supreme Court of Canada in Mustapha v. Culligan, and discusses the relative merits of a "multi-factorial test" in determining the admissibility …
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca
Warning! Barracudas May Bite: Third Circuit Puts "Teeth" In The Ftca's Discretionary Function Exception Analysis, Lauren P. Deluca
Villanova Law Review
No abstract provided.
Denying Reparation For Slave And Forced Laborers In World War Ii And The Ensuing Humanitarian Rights Implications: A Case Study Of The Icj’S Recent Decision In Jurisdictional Immunities Of The State (Ger. V. It.: Greece Intervening), Morgan L. Klinzing
Georgia Journal of International & Comparative Law
No abstract provided.
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Nevada Law Journal
No abstract provided.
How Reforming The Tort Of Negligent Hiring Can Enhance The Economic Activity Of A State, Be Good For Business And Protect The Victims Of Certain Crimes, Shawn D. Vance
Legislation and Policy Brief
This article will focus on reforming the tort of negligent hiring to limit the liability of employers while also ensuring the compensation of certain victims when the employer fails to meet the requirements of the reformed tort. While the tort is currently recognized by most states, the states that have recognized the tort have different standards for liability and little clarity is provided to employers on how to avoid liability. By creating certainty in the marketplace through a reformed negligent hiring tort, states can encourage business activity from civic-minded businesses while holding businesses, which fail to exhibit good civic behavior, …
Is Statutory Immunity For Spaceflight Operators Good Enough?, Maria-Vittoria “Giugi” Carminati
Is Statutory Immunity For Spaceflight Operators Good Enough?, Maria-Vittoria “Giugi” Carminati
Legislation and Policy Brief
Over the past decade, the commercial spaceflight industry has seen a growth never witnessed before. The likes of Virgin Galactic and Xcor are promising suborbital flights to anyone willing to pay the price. Golden Spike is selling tickets to the moon. And SpaceX was re-supplying the ISS as a commercial provider as of 2012. States have responded to this growth by trying to make themselves more attractive to these commercial providers of space services (hereinafter generally referred to as “spaceflight entities”). Attractiveness has become synonymous with overt efforts to decrease spaceflight entities’ liability from injuries to their spaceflight participants (“SFPs”). …
Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich
Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Market In Unmatured Tort Claims: Twenty-Five Years Later, Stephen Marks
The Market In Unmatured Tort Claims: Twenty-Five Years Later, Stephen Marks
Pace Law Review
In an article in 1989 in the Virginia Law Review, Professor Robert Cooter argued for changes in the law that would facilitate the development of a market in unmatured tort claims. An unmatured tort claim is a potential claim that a potential victim has before any injury has occurred. Cooter proposed that potential victims have the right to sell their unmatured tort claims. That is, Cooter proposed that potential victims be allowed to sell their right to sue even before an accident or injury ever occurs. Even twenty-five years later, the proposal remains both bold and imaginative, and yet it …
Resisting Putting The Cat In The Bag: The Case Against Extending Minnesota's Dog Attack Strict Liability Statute To Cats, Julianna Passe
Resisting Putting The Cat In The Bag: The Case Against Extending Minnesota's Dog Attack Strict Liability Statute To Cats, Julianna Passe
Hamline Law Review
abstract
Health Law—A Call For The Arkansas General Assembly To Modernize The Standard Of Care Requirement In Medical Malpractice Cases. Broussard V. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385., Jarred Kibbey
University of Arkansas at Little Rock Law Review
No abstract provided.