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Articles 1 - 30 of 57
Full-Text Articles in Law
Malpractice By Veterinarians, Martin J. Strobel
Malpractice By Veterinarians, Martin J. Strobel
Cleveland State Law Review
The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Cleveland State Law Review
In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.
How Much Detention Constitutes False Imprisonment, Nancy F. Halliday
How Much Detention Constitutes False Imprisonment, Nancy F. Halliday
Cleveland State Law Review
Any intentional unlawful confinement of an individual, without his consent, for any length of time, no matter how short in duration, constitutes false imprisonment. This statement, however, leaves unanswered the question of what constitutes a lawful confinement.
Injuries From Fright Without Contact, Larry Grean
Injuries From Fright Without Contact, Larry Grean
Cleveland State Law Review
Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
Swell Damage And The Right Of Navigation, Frank R. Grundman
Swell Damage And The Right Of Navigation, Frank R. Grundman
Cleveland State Law Review
In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured …
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz
Cleveland State Law Review
Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.
Traumatic Cancer, Theodore Dyke
Traumatic Cancer, Theodore Dyke
Cleveland State Law Review
The relationship of trauma to cancer may be of minimal import to the medical world; however, it is extremely important to the attorney from the point of view of compensation. The real problem is that no one knows what "causes"cancer. The present state of the medical art indicates that a given cancer may be caused by any of a number of factors, acting singly or jointly. Trauma is one of these factors, but the exac teffect of a single trauma in causing cancer is unknown. Medical experts will honestly differ in their opinions, because in fact they are frequently just …
Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.
Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.
Cleveland State Law Review
Defamation privilege in religious societies is burdened in interpretation by the strong doctrine of separation of church and state coupled with the courts' reluctance to become involved in the internal affairs of private associations. That over the years this has resulted in establishment of a philosophy regarding defamation privilege in church controversies broader in scope than that available even to other private associations is apparent.
Book Review, Elliott A. Cohen
Book Review, Elliott A. Cohen
Cleveland State Law Review
Reviewing Vern Countryman, ed., Discrimination and the Law, University of Chicago Press, 1965
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
Cleveland State Law Review
The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …
Birth And Death And Governmental Immunity, Verne Lawyer
Birth And Death And Governmental Immunity, Verne Lawyer
Cleveland State Law Review
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …
Customs Censorship, Jay A. Sigler
Customs Censorship, Jay A. Sigler
Cleveland State Law Review
The American national government is engaged in a vast program of censorship which includes a wider range of materials than that usually controlled by local government authority. The attention of the courts and the press has been concentrated primarily upon state and local censorship, but federal activity is usually more significant. The federal government has used the postal and customs powers, derived from Article I, Sec. 8 of the Constitution, to regulate both the internal movement of undesirable material and its entry from abroad. The postal power has been treated elsewhere, but the customs power is at least as important …
Ohio's Local Government Fund, Lawrence J. Rich
Ohio's Local Government Fund, Lawrence J. Rich
Cleveland State Law Review
This paper will briefly explain the history of the Local Government Fund in Ohio, trace its changes, examine the statutes involved as well as the court decisions, explain the position of other states in their distribution of sales tax monies, and examine possible shortcomings and possible improvements in the present system of distribution.
How To Handle An Anesthesia Injury Case, Albert Averbach
How To Handle An Anesthesia Injury Case, Albert Averbach
Cleveland State Law Review
The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Cleveland State Law Review
The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …
Crew Conduct As Unseaworthiness, James E. Saari
Crew Conduct As Unseaworthiness, James E. Saari
Cleveland State Law Review
It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Cleveland State Law Review
The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Cleveland State Law Review
To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …
The Terror Neurosis, David I. Sindell
The Terror Neurosis, David I. Sindell
Cleveland State Law Review
In 1934, Strauss and Savitzky wrote a paper' in which they elaborated a particular syndrome known as a "terror neuro- sis," and stated that it was frequently found in such natural disasters as earthquakes, or in sea or military disasters, and mining catastrophes. Physical injuries in these cases, they said, may be slight or absent. For this reason, Strauss and Savitzky objected to the use of the term "traumatic neurosis" on the ground that the neurosis had no physical cause as such.
Damages For Emotional Distress In Ohio, James G. Young
Damages For Emotional Distress In Ohio, James G. Young
Cleveland State Law Review
A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.
Horseplay By Employees, Michael Kaye
Horseplay By Employees, Michael Kaye
Cleveland State Law Review
The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …
Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim
Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim
Cleveland State Law Review
Every state has provisions relating to the formation of non- profit corporations. The procedure for forming a non-profit corporation is similar to that of organizing a corporation for profit. The purpose of this note is to summarize the reasons for which a non-profit corporate charter may be refused by a state.
John Locke And The Declaration Of Independence, Kenneth D. Stern
John Locke And The Declaration Of Independence, Kenneth D. Stern
Cleveland State Law Review
In an article published in the Journal of the American Bar Association in 1949, Dean Clarence Manion, then Dean of the College of Law of the University of Notre Dame, stated, "It is misleading to attribute the philosophy of the Declaration (of Independence) to the writings of John Locke." Dean Manion feels that Locke implies that the rights of minority groups and even of individuals are subordinated to the dictates of the majority. Manion concluded that Jefferson's philosophy contrasts sharply with the Lockian creed. A more thorough examination of Locke's writings, however, tends to lead to the opposite conclusion.
Book Review, Alfred W. Gans
Book Review, Alfred W. Gans
Cleveland State Law Review
Reviewing Philip J. Hermann, Better Settlements Through Leverage, Acqueduct Books, 1965
A Revolution In The Law Practice, F. William Mccalpin
A Revolution In The Law Practice, F. William Mccalpin
Cleveland State Law Review
When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
Cleveland State Law Review
The first new step taken by the New Haven community was the establishment of free legal services for the poor in offices located within poverty stricken neighborhoods. The offices serve all persons residing within a particular geographic area who meet a financial eligibility standard. Our services are available in both civil and criminal matters. The only type of cases specifically excluded are personal injury plaintiff suits, where there is the possibility of a contingent fee arrangement.
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Cleveland State Law Review
This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …
The Solo Practitioner And The Poverty Program, Howard M. Rossen
The Solo Practitioner And The Poverty Program, Howard M. Rossen
Cleveland State Law Review
For economic reasons the young individual general practitioner must accept and handle practically all potential new business. He must expect to get, at first, repetitive legal matters that will constitute a large part of his early practice. And he must learn quickly how to handle a very demanding clientele. He will learn very quickly that solo practice is not the most lucrative type of law practice.
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Cleveland State Law Review
The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.