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Mercer University School of Law

2022

Mercer Law Review

Torts

Articles 1 - 5 of 5

Full-Text Articles in Law

Torts, David Hricik Dec 2022

Torts, David Hricik

Mercer Law Review

The Supreme Court of Georgia’s decisions from June 1, 2021 to May 31, 2022, ran the gamut in terms of both significance and subjects. Among the major decisions affecting Georgia tort law were the court’s decisions addressing apportionment, personal jurisdiction, defamation, products liability, and intellectual property.


It’S Time To Resolve The Circuit Split: Unconstitutional Actions By Federal Employees Should Not Fall Within The Scope Of The Discretionary Function Exception Of The Ftca, Laney Ivey May 2022

It’S Time To Resolve The Circuit Split: Unconstitutional Actions By Federal Employees Should Not Fall Within The Scope Of The Discretionary Function Exception Of The Ftca, Laney Ivey

Mercer Law Review

The Federal Torts Claims Act (FTCA) is an avenue for United States citizens to sue the federal government for torts committed by government employees within the scope of their work. Congress designed the FTCA to allow citizens to overcome the doctrine of sovereign immunity, which allows citizens to recover from injuries suffered at the hands of government agents. Under the FTCA, there are exceptions where recovery is not allowed; the most prominent exception is known as the discretionary function exception, under which discretionary actions by government employees are immune from liability under the FTCA.


Government Discretion Advised (Even If It’S Unconstitutional): How The Eleventh Circuit Has Expanded The United States’S Immunity From Tort Suits, John Rodriquez May 2022

Government Discretion Advised (Even If It’S Unconstitutional): How The Eleventh Circuit Has Expanded The United States’S Immunity From Tort Suits, John Rodriquez

Mercer Law Review

Mackie Shivers, a sixty-four-year-old man, was stabbed in the eye by his mentally-ill cellmate with a pair of scissors. Although the attack left Shivers permanently blind, he received no legal remedy to compensate him for his injuries. This result is due, at least in part, to the United States Court of Appeals for the Eleventh Circuit’s decision to interpret the discretionary function exception to the Federal Torts Claim Act (FTCA) in a broader way than virtually all of its sister circuits. The holding by the Eleventh Circuit in Shivers v. United States bars FTCA claims under the exception even for …


Creating A Civil Remedy In Georgia For Survivors Of Out-Of-State Childhood Sexual Abuse, Alexandra H. Bradley May 2022

Creating A Civil Remedy In Georgia For Survivors Of Out-Of-State Childhood Sexual Abuse, Alexandra H. Bradley

Mercer Law Review

Sexual abuse casts long shadows and causes long-lasting effects on its survivors, particularly children. Especially tragic, most abused children are abused by an adult whom that child knows and trusts. This abuse by anyone, especially by a child’s parents or close family friend, often causes lifelong emotional damage. Survivors generally do not recognize the extent of their abuse until many years later.

This late onset or delayed discovery has made it difficult for courts to provide redress. Although technically children could sue their abuser when the abuse occurs, children generally do not know they have a cause of action, nor …


No More “Heads Defendants Win, Tails Plaintiffs Lose”: How The Georgia Supreme Court’S Relation Back Decision In Cannon Rebalances Pleading Power, Jordan Lipp May 2022

No More “Heads Defendants Win, Tails Plaintiffs Lose”: How The Georgia Supreme Court’S Relation Back Decision In Cannon Rebalances Pleading Power, Jordan Lipp

Mercer Law Review

Imagine your daughter dying in a high-speed police chase—when she was not even the driver that evaded police or caused the crash. You want to hold someone accountable, but you do not know who the right person is if you sue: the deputy, the sheriff in his personal capacity, the sheriff in his official capacity, the county, the sheriff’s office, the county commissioners, the insurer of the police car? You sue the wrong one, and it is too late. Now what?

Thankfully for you, Georgia has forgiving pleading standards. Relation back is a legal fiction that assumes a claim was …