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Full-Text Articles in Law
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley
West Virginia Law Review
No abstract provided.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
A Mountain State Transformation: West Virginia's Move Into The Mainstream, Cary Silverman, Richard R. Heath Jr.
West Virginia Law Review
No abstract provided.
One Rule To Compensate Them All, Noam Sher
One Rule To Compensate Them All, Noam Sher
West Virginia Law Review
The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion …
Accidents And Aggregates, Lee Anne Fennell
Accidents And Aggregates, Lee Anne Fennell
William & Mary Law Review
Tort law responds to discrete, harmful events—“accidents”—by converting unruly facts into a binary on/off judgment about liability. This operation, characteristic of much of law, resembles the “thresholding” process used to convert grayscale images to black and white. It embeds decisions about how to isolate and evaluate the sample of risk-related behavior connected to the accident. This Article focuses on the implicit but powerful role that aggregation—of behavior, precautions, and events—plays in the determination of liability. These aggregative choices determine how large a slice of an injurer’s conduct tort law will capture within its viewfinder, and how tight the causal connection …
The Unsettling Effect Of Maine Law On Settlement In Cases Involving Multiple Tortfeasors, Arlyn H. Weeks
The Unsettling Effect Of Maine Law On Settlement In Cases Involving Multiple Tortfeasors, Arlyn H. Weeks
Maine Law Review
When more than one person or entity causes injury to another, the multiple tortfeasors are jointly and severally liable to the injured party under Maine law. Maine has also provided since 1965 for comparison of the negligence of plaintiffs and defendants so that a plaintiff may not recover if his causative negligence is found to have equaled or exceeded that of the defendant. In addition, title 14, section 156 of the Maine Revised Statutes gives to each defendant the right to request that the jury allocate percentages of fault “contributed by each defendant.” Finally, title 14, section 163 of the …
Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars
Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, John Shahar Dillbary, Griffin Edwards, Fredrick E. Vars
Indiana Law Journal
This Article is the first to empirically analyze the impact of tort liability on suicide. Counter-intuitively, our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists—the very defendants who would seem best able to prevent suicide. Using a fifty-state panel regression for 1981 to 2013, we find that states which allowed psychiatrists (but not other doctors) to be liable for malpractice resulting in suicide experienced a 9.3% increase in suicides. On the other hand, and more intuitively, holding non-psychiatrist doctors liable de-creases suicide by 10.7%. These countervailing effects can be explained by psychiatrists facing …
Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle
Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle
William & Mary Journal of Race, Gender, and Social Justice
For offenses committed under Virginia’s assault and battery against a household or family member statute, the State should prosecute and punish in cases where both parties committed an assault and battery. Punishment, however, should consist of mainly individualized counseling or some other mitigated punishment for cases of mutual fighting.
A Day In The Life Of Tort Law, Douglas H. Cook
A Day In The Life Of Tort Law, Douglas H. Cook
Maine Law Review
What would one day's worth of tort law look like? We usually receive our doses of the law in measures other than per diem: by the case, by the brief, by the article, or by the treatise. There is, of course, a unity in each of those units; each one collects only those authorities that bear upon certain focused aspects of the law. For example, an appellate brief or a law review article is often a compendium of cases dealing within a narrow topical range, cases drawn from a span of many different days, years, or even decades. One way …
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Chicago-Kent Law Review
No abstract provided.
Not Fully Discretionary: Incorporating A Factor-Based Standard Into The Ftca's Discretionary Function Exception, Daniel Cohen
Not Fully Discretionary: Incorporating A Factor-Based Standard Into The Ftca's Discretionary Function Exception, Daniel Cohen
Northwestern University Law Review
The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private citizens to directly sue the federal government for damages resulting from negligence. Passed in 1946 and never amended, the statute carries no limit on potential damages, only prohibiting punitive damages and jury trials. Other than those procedural limitations, the potential liability of the government is unlimited—except for one single exception: the discretionary function exception. The discretionary function exception shields the government from liability for “the failure to exercise or perform a discretionary function or duty.” Congress failed to elaborate on the definition and scope …
Institutional Liability For Employees’ Intentional Torts: Vicarious Liability As A Quasi-Substitute For Punitive Damages, Catherine M. Sharkey
Institutional Liability For Employees’ Intentional Torts: Vicarious Liability As A Quasi-Substitute For Punitive Damages, Catherine M. Sharkey
Valparaiso University Law Review
No abstract provided.
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio
Touro Law Review
No abstract provided.
Opioid Addiction Litigation And The Wrongful Conduct Rule, Samuel Fresher
Opioid Addiction Litigation And The Wrongful Conduct Rule, Samuel Fresher
University of Colorado Law Review
The United States is facing an opioid addiction crisis. Can our civil courts help? This Comment explores obstacles to recovery for plaintiffs in tort suits against health care institutions and practitioners in opioid addiction litigation. It argues that defenses based on plaintiffs' wrongful conduct, which deny plaintiffs access to civil remedies due to their immoral or illegal conduct, should be eliminated or avoided in suits arising out of addiction. This Comment concludes that comparative fault principles adequately protect the interests of plaintiffs and defendants in drug addiction suits and advance important public policy goals. Finally, this Comment suggests that irrespective …
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
What’S In A Name?: Proving Actual Damages For Reputational Harm In Texas Defamation Cases Will Only Get Harder, Austin Brakebill
What’S In A Name?: Proving Actual Damages For Reputational Harm In Texas Defamation Cases Will Only Get Harder, Austin Brakebill
SMU Law Review
No abstract provided.