Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Torts

1979

Institution
Keyword
Publication
Publication Type

Articles 31 - 58 of 58

Full-Text Articles in Law

Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy Jan 1979

Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy

University of Michigan Journal of Law Reform

This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …

Go to article

Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen Jan 1979

Shor V. Paoli, 353 So. 2d 825 (Fla. 1977), June Hinson Allen

Florida State University Law Review

Torts-RIGHT OF CONTRIBUTION IS NOT BARRED BY DOCTRINE OF INTERSPOUSAL IMMUNITY IN FLORIDA.

Go to article

Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut Jan 1979

Products Liability - Restatement (Second) Of Torts - Section 402a - Uncertain Standards Of Responsibility In Design Defect Cases - After Azzarello, Will Manufacturers Be Absolutely Liable In Pennsylvania, Robert F. Harchut

Villanova Law Review

No abstract provided.

Go to article

Product Liability: A Consolidated Teaching Approach, Stephen J. Werber Jan 1979

Product Liability: A Consolidated Teaching Approach, Stephen J. Werber

Law Faculty Articles and Essays

At a time when the impact of product liability litigation upon the socioeconomic structure of the United States is becoming better understood and at a time when the legal profession is realizing to a greater extent the impact of developing doctrine it is sad to note that vast numbers of law colleges offer no specialized course in this subject. The number of litigated, reported cases is rising dramatically as an increasing number of states are adopting more sophisticated and liberal approaches to product suits. Nevertheless, many law students are ill equipped to deal with the problems of a product claim, …

Go to article

Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael Jan 1979

Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle Jan 1979

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle

Faculty Scholarship

It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …

Go to article

Kelsay V. Motorola, Inc. : Tort Action For Retaliatory Discharge Upon Filing Workmen's Compensation Claims, 12 J. Marshall J. Prac. & Proc. 659 (1979), Elena Z. Kezelis Jan 1979

Kelsay V. Motorola, Inc. : Tort Action For Retaliatory Discharge Upon Filing Workmen's Compensation Claims, 12 J. Marshall J. Prac. & Proc. 659 (1979), Elena Z. Kezelis

UIC Law Review

No abstract provided.

Go to article

Tort Liability That May Attach To Intellectual Property Licensing, 13 J. Marshall L. Rev. 105 (1979), W. R. Norris Jan 1979

Tort Liability That May Attach To Intellectual Property Licensing, 13 J. Marshall L. Rev. 105 (1979), W. R. Norris

UIC Law Review

No abstract provided.

Go to article

History, Development, And Analysis Of The Pennsylvania Comparative Negligence Act: An Overview, David S. Shrager, Carol Nelson Shepherd Jan 1979

History, Development, And Analysis Of The Pennsylvania Comparative Negligence Act: An Overview, David S. Shrager, Carol Nelson Shepherd

Villanova Law Review

No abstract provided.

Go to article

Contribution, Indemnity, Settlements, And Releases: What The Pennsylvania Comparative Negligence Statute Did Not Say, James Lewis Griffith, Michael C. Hemsley, Charles B. Burr Jan 1979

Contribution, Indemnity, Settlements, And Releases: What The Pennsylvania Comparative Negligence Statute Did Not Say, James Lewis Griffith, Michael C. Hemsley, Charles B. Burr

Villanova Law Review

No abstract provided.

Go to article

Jury Instructions Concerning Multiple Defendants And Strict Liability After The Pennsylvania Comparative Negligence Act, James E. Beasley, G. Taylor Tunstall Jr. Jan 1979

Jury Instructions Concerning Multiple Defendants And Strict Liability After The Pennsylvania Comparative Negligence Act, James E. Beasley, G. Taylor Tunstall Jr.

Villanova Law Review

No abstract provided.

Go to article

Negligence - Recovery For Negligently Inflicted Mental Distress Permitted To Mother Who Witnessed The Violent Death Of Her Child Even Though The Mother Was Outside Zone Of Danger, Bruce A. Issadore Jan 1979

Negligence - Recovery For Negligently Inflicted Mental Distress Permitted To Mother Who Witnessed The Violent Death Of Her Child Even Though The Mother Was Outside Zone Of Danger, Bruce A. Issadore

Villanova Law Review

No abstract provided.

Go to article

Comparative Negligence In Pennsylvania - Introduction, Dolores B. Spina Jan 1979

Comparative Negligence In Pennsylvania - Introduction, Dolores B. Spina

Villanova Law Review

No abstract provided.

Go to article

Kentucky Law Survey: Torts, Gerald G. Ashdown, Paula S. Hoskins Jan 1979

Kentucky Law Survey: Torts, Gerald G. Ashdown, Paula S. Hoskins

Kentucky Law Journal

No abstract provided.

Go to article

Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall Jan 1979

Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall

Seattle University Law Review

In 1967, a helicopter carrying three passengers and a pilot returning from an offshore drilling platform crashed into the Gulf of Mexico beyond Louisiana's territorial waters, killing all aboard. The families of the decedents instituted a wrongful death suit in admiralty, seeking recovery under general maritime law, the Death on the High Seas Act (DOHSA), and the Jones Act. The federal district court found Mobil Oil Corporation, the owner and operator of the helicopter, negligent. In awarding damages the district court limited recovery to pecuniary losses, holding that a pecuniary loss limitation applied regardless of the theory of recovery. Specifically, …

Go to article

Warshaw V. Trans World Airlines, Inc.: Aviation - Warsaw Convention - Liability For Routine Repressurization Accidents, Sheryl Gandel Jan 1979

Warshaw V. Trans World Airlines, Inc.: Aviation - Warsaw Convention - Liability For Routine Repressurization Accidents, Sheryl Gandel

Maryland Journal of International Law

No abstract provided.

Go to article

Roberts V. Johnson—A Welcome Change Tainted By An Outmoded Approach To Statutory Interpretation, Mark F. Miller Jan 1979

Roberts V. Johnson—A Welcome Change Tainted By An Outmoded Approach To Statutory Interpretation, Mark F. Miller

Seattle University Law Review

In 1974, the Washington State Legislature repealed its automobile guest statute, intending to establish ordinary negligence as the proper standard of liability in host-guest automobile tort actions. Nevertheless, in March 1978, in Lau v. Nelson, the Washington Supreme Court, ignoring clear indicia of legislative intent, held that the repeal of the guest statute revived the common law of this state, which, like the guest statute, predicated a guest's recovery on proving the host grossly negligent. Having effectively reinstated the very law the legislature repealed, the Lau court declined to decide whether the majority rule of ordinary negligence should replace …

Go to article

Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg Jan 1979

Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg

Seattle University Law Review

In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer's duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability.

Go to article

Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin Jan 1979

Torts 1978 Survey Of New York Law: Part Five: Miscellaneous, Michael M. Martin

Faculty Scholarship

The principal torts decisions this Survey year, especially in the products liability area, seemed to leave as many questions unanswered as they resolved. The Court of Appeals held that a noncontracting user's claim for injuries from a defective product sounded in tort for limitations purposes, but the Court did not decide what limitation period would be applicable if a statutory breach of warranty claim were also asserted. The contributory negligence defense to a strict products liability claim was upheld by a reference to the appellate division's opinion in a second-collision case. The analytically suspect "sales"-"service" distinction was reaffirmed in an …

Go to article

The Effect Of Pennsylvania's Comparative Negligence Statute On Traditional Tort Concepts And Doctrines, Walter J. Timby Jr., Michael J. Plevyak Jan 1979

The Effect Of Pennsylvania's Comparative Negligence Statute On Traditional Tort Concepts And Doctrines, Walter J. Timby Jr., Michael J. Plevyak

Villanova Law Review

No abstract provided.

Go to article

The Law Of Interspousal Immunity In Ohio, James L. Deese Jan 1979

The Law Of Interspousal Immunity In Ohio, James L. Deese

Cleveland State Law Review

The purpose of this note will be to discuss Ohio's current position on interspousal immunity as well as the problems that are created by the retention of that doctrine.

Go to article

Effect Of Representation On A Claimant's Success Rate -- Three Study Designs, William D. Popkin Jan 1979

Effect Of Representation On A Claimant's Success Rate -- Three Study Designs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Go to article

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold Jan 1979

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Go to article

Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare Jan 1979

Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare

Fordham Urban Law Journal

Asbestos litigation presents numerous problems as a result of industry inaction and government inattention to the situation. Through statistics, this article addresses two major impediments to asbestos litigation claims: statute of limitations and multiple defendants. Understanding that those affected by asbestos may not know for many years and that more than one company could be responsible is vital to finding equitable solution to the problems.

Go to article

Comparative Negligence In Texas, William V. Dorsaneo Iii Jan 1979

Comparative Negligence In Texas, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

Article 2212a of the Texas Revised Civil Statutes, the Comparative Negligence and Contribution Among Joint Tortfeasors Act, took effect on September 1, 1973. It made significant changes in the respective rights and liabilities of injured persons and tortfeasors in negligence cases. This paper is principally concerned with multiple tortfeasor cases, and with section 2 of article 2212a, which modified principles concerning joint and several liability, contribution, and settlement. Prior to the enactment of article 2212a, each tortfeasor whose negligent behavior proximately caused an indivisible injury to another was jointly and severally liable to the injured party. This principle has been …

Go to article

Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins Jan 1979

Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins

Cleveland State Law Review

Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …

Go to article

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin Jan 1979

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Hunt V. Blasius: A Gap In The Application Of The Illinois Strict Products Liability Theory, William T. Gotfryd Jan 1979

Hunt V. Blasius: A Gap In The Application Of The Illinois Strict Products Liability Theory, William T. Gotfryd

Loyola University Chicago Law Journal

No abstract provided.

Go to article

First Prev