Law Commons^™

Sharing The Costs Of Artificial Intelligence: Universal No-Fault Social Insurance For Personal Injuries, Jin Yoshikawa

Vanderbilt Journal of Entertainment & Technology Law

The twenty-first century is the artificial intelligence (AI) century. In the past few years, AI has become a familiar fixture of everyday life thanks to services like YouTube, Spotify, Netflix, and Alexa. Stocktraders, doctors, insurance brokers, real estate agents, recruiters, artists,and even lawyers now rely on predictive tools powered by AI to perform their highly skilled--even creative--tasks. In the following decades, AI will continue to transform more fields and deliver astonishing advancements in convenience, comfort, safety, and security. At the same time, however, AI will bring about new challenges. AI will offend, disrupt, crash, breach, incite, injure, and even kill …

A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson

Allan C. Hutchinson

Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change. It should be said at the outset that my efforts to obtain real and serious data …

A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson

Commissioned Reports, Studies and Public Policy Documents

Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change.

It should be said at the outset that my efforts to obtain real and serious data …

Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes

Pepperdine Law Review

No abstract provided.

Taxing Anxiety, Morgan Holcomb

Faculty Scholarship

In this article, I argue for a statutory change to the disparity in the taxation of damages. I submit that nearly all damages, including damages received on account of physical injury, ought to be taxable, and that juries must be apprised of tax consequences so that they can make proper adjustments to take account of these tax consequences. I will refer to this as the full inclusion proposal with jury awareness - for ease, the full inclusion proposal.

My proposed change is the more sound solution for several reasons. Full inclusion creates certainty and avoids wasteful tax gamesmanship. Furthermore, assuming …

It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano

Pepperdine Law Review

No abstract provided.

Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern

Pepperdine Law Review

No abstract provided.

Fear-Based Standing: Cognizing An Injury-In-Fact, Brian Calabrese

Washington and Lee Law Review

No abstract provided.

Brief Of Consumers Union Of United States, Inc., As Amicus Curiae In Support Of Petitioners, Riegel & Riegel V. Medtronic, Inc., No. 06-179 (U.S. Aug. 27, 2007), Lisa Heinzerling

U.S. Supreme Court Briefs

No abstract provided.

Brief Of Respondents, Norfolk & Western Railway Co. V. Ayers, No. 01-963 (U.S. Aug. 19, 2002), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Brief Of Amici Curiae Of American Law Professors In Support Of Respondents, Norfolk & Western Ry. Co. V. Ayers, No. 01-963 (U.S. Aug. 19, 2002), ., Paul F. Rothstein

U.S. Supreme Court Briefs

No abstract provided.

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

Georgetown Law Faculty Publications and Other Works

In this Article we offer one small idea with potentially large implications. We propose the recognition arid development of a special tort for toxic exposures, where the exposures have not yet led to a physical illness such as cancer. We argue, in brief, that this new tort would, in one simple step, accomplish three things: it would address many of the problems with the courts' current handling of toxic torts; it would consolidate the many overlapping causes of action now pressed in toxic tort cases into one single claim; and it would give expression to the real injury motivating these …

The Toyota Principle, Alex Kozinski

Washington and Lee Law Review

No abstract provided.

Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud

Articles

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …

The Franchising Dilemma Continues: Update On Franchisor Liability For Wrongful Acts By Local Franchisees, Randall K. Hanson

Campbell Law Review

The purpose of this update is to review recent franchisor liability cases to determine the direction of franchisor liability cases. The three most common theories used to invoke franchisor liability will be discussed, and North Carolina's approach to this area of the law will also be examined.

Legislative And Judicial Controls Of Contingency Fees In Tort Cases, Stephen D. Annand, Roberta F. Green

West Virginia Law Review

No abstract provided.

Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud

Articles

If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …

Simple Calculations To Reduce Litigation Costs In Personal Injury Cases: Additional Empirical Support For The Offset Rule, R. A. L. Carter, John P. Palmer

Osgoode Hall Law Journal

This article demonstrates that if the nominal rate of interest equals the growth rate of nominal earnings, then a strong case can be made for calculating lump-sum damage awards by using the offset rule, i.e., by simply multiplying the annual loss by the number of years the loss is expected to continue. An examination of the Canadian data not only supports the offset rule, but also suggests that plaintiffs are being systematically undercompensated by rules currently in use.

Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud

Articles

A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

U.C.C. - Statute Of Limitations - Conflict Between Personal Injury And Sales Contract Statutes Of Limitations, Harvey D. Peyton

West Virginia Law Review

No abstract provided.

The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts

Cornell Law Faculty Publications

The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.

Automobile Accident Costs And Payments: Studies In The Economics Of Injury Reparation, Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, Robert L. Bombaugh

Michigan Legal Studies Series

The report is presented as a pool of data which will serve many purposes. First of all, the report furnishes a perspective on the largeness and the smallness of the reparation process, and of its many parts. Second, the report supplies much more specific information than has ever before been available on many points, such as the high or low level of reparation in relation to losses; the number of people who get paid, and those who receive nothing; the levels of legal expense, including attorneys' fees. Third, it will furnish a guide for future research directed to narrower questions, …

Recovery Of Damages For Injuries Sustained By Children En Ventre Sa Mere, Daniel A. Ruley Jr.

West Virginia Law Review

The principal legal question dealt with here is whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured and subsequently is born dead as the result of negligence of a third party. This question is closely related to the questions of: (1) whether there is a cause of action for the wrongful death of a child which while en ventre sa mere is injured as the result of negligence of a third party, subsequently is born alive and then dies as a result of such injuries; and (2) …

Assumption Of Risk In The Use Of Icy Sidewalks

Washington and Lee Law Review

No abstract provided.

Permanent Injury: General Or Special Damage, Nick George Zegrea

West Virginia Law Review

With the recent adoption of the West Virginia Rules of Civil Procedure, the function of the pleadings in an action is to give notice. Formulation of the issues for trial is now left largely to deposition and discovery practice under Rules 26 through 37, and pre-trial conferences under Rule 16. An exception to this concept of notice-pleading is Rule 9, which requires that some items be pleaded specially. The scope of this note is to examine one subdivision of the rule: "special damage." In particular, the examination of this subdivision will be directed to the inquiry of whether a permanent …

Personal Injury Litigation: Settlement Or Trial, From The Defense Point Of View, J. A. Gooch

Washington and Lee Law Review

No abstract provided.

Evaluation And Settlement Of A Personal Injury Claim For Damages, George E. Allen

Washington and Lee Law Review

No abstract provided.

Consideration Of Tax Aspects In Awarding Damages For Personal Injuries, Doris B. Gorman

Vanderbilt Law Review

The recent decision of the House of Lords, in British Transport Commission v. Gourley has completely changed the English position on the question of whether income taxes should be considered in determining personal injury damages based on actual or prospective loss of earnings. The House of Lords held that the lower court should have taken the tax aspects into account and that the damage award must be reduced accordingly. By this holding, the House of Lords overruled Jordan v. The Limmer And Trinidad Lake Asphalt Co. and Billingham v. Hughes, which until then represented the ruling law in England on …

Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke

Michigan Law Review

In 1947, North Dakota enacted legislation providing that one who recovers a judgment in an action for damages for personal injuries or death resulting from the operation of a motor vehicle and who cannot execute the judgment because of the defendants' inability to pay and lack of property, may receive payment from the state unsatisfied judgment fund upon application to the court and assignment of the judgment to the state. The fund was created, and is to be maintained, by a special assessment on motor vehicle owners. 1951 North Dakota legislation provides that any person who has a cause of …