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Articles 1 - 17 of 17
Full-Text Articles in Law
Implied Covenants Of Good Faith And Fair Dealing: Loose Cannons Of Liability For Financial Institutions?, Patricia A. Milon
Implied Covenants Of Good Faith And Fair Dealing: Loose Cannons Of Liability For Financial Institutions?, Patricia A. Milon
Vanderbilt Law Review
The recent willingness of many courts and juries to impose liability on financial institutions has prompted an increasing number of customers to bring suits against their banks and creditors. These suits often involve claims for millions of dollars in both compensatory and punitive damages for alleged bank or creditor misconduct. For example, the Sixth Circuit recently affirmed a jury award of seven and one half million dollars to a borrower whose lender suddenly refused to advance funds under a line of credit agreement. In similar cases involving a bank's refusal to lend money under credit agreements, a California jury awarded …
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Michigan Law Review
This article examines this dissonance between accepted theory and observed reality, between what the model envisions and what the tort system seems to deliver. After sketching the model in greater detail, the first section of the article reviews restraints within tort law on the achievement of efficient outcomes. The analysis then turns to the broader legal environment, and describes how legally sanctioned means of liability evasion - such as the corporate law doctrine of limited liability and the bankruptcy rules permitting discharge of obligations - may further undermine the practical utility of the social efficiency model of tort. The final …
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
A Proposal To Cap Tort Liability: Avoiding The Pitfalls Of Heightened Rationality, Richard S. Kuhl
University of Michigan Journal of Law Reform
This Note sets forth a model statute that limits high damage awards, yet will withstand the rigors of judicial scrutiny. After presenting a brief background of the medical malpractice crisis in Part I, Part II outlines the standards of equal protection review that the courts are presently using. The Note then focuses on the constitutional challenges to caps on medical malpractice liability in Part III. Part IV discusses the values and interests that were found to be dispositive in the courts' decisions. Finally, after analyzing the criteria that must be met to ensure that a legislative limitation will survive judicial …
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack
University of Michigan Journal of Law Reform
Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Northern Illinois University Law Review
This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Northern Illinois University Law Review
This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.
Labor Law—Employment At Will Doctrine—Good Cause Provision Allowed, Todd Lewellen
Labor Law—Employment At Will Doctrine—Good Cause Provision Allowed, Todd Lewellen
University of Arkansas at Little Rock Law Review
No abstract provided.
Conclusion, Christopher C. Whitson --Special Project Editor, Thomas A. D'Ambrosio, Patricia A. Daniel, Kathryn N. Fine, Robert P. Mckinney, Marcia M. Mcmurray, Bennet L. Ross
Conclusion, Christopher C. Whitson --Special Project Editor, Thomas A. D'Ambrosio, Patricia A. Daniel, Kathryn N. Fine, Robert P. Mckinney, Marcia M. Mcmurray, Bennet L. Ross
Vanderbilt Law Review
Despite recent responses designed to combat the increased liability exposure of directors and officers, the personal risks for corporate insiders remain significant. With corporations operating in an ever-complex regulatory maze, there has been an increased focus on corporate accountability. The difficulty in resolving director and officer liability issues, however, arises in balancing the need to punish misguided fiduciaries with the need to protect aggressive managers who take good faith risks to produce increased corporate profits. While long-range solutions to this balancing problem are essential, directors and officers should pursue short-term tactics to reduce their risk of personal liability.
Because it …
Torts Tort Reform, D. Gresham
Torts Tort Reform, D. Gresham
Georgia State University Law Review
No abstract provided.
Torts Donation And Receipt Of Food For Charitable Distribution: Reduce Liability, T. Long
Torts Donation And Receipt Of Food For Charitable Distribution: Reduce Liability, T. Long
Georgia State University Law Review
The Act revises the law governing the liability of donors of food items for charitable distribution and the liability of charitable distributors by defining with specificity terms involved and by extending the previously enacted limited liability for donors to charitable distributors. July 1, 1987
Commentary Hb 209: A Prudent Change In Georgia Law, William A. Gregory
Commentary Hb 209: A Prudent Change In Georgia Law, William A. Gregory
Georgia State University Law Review
No abstract provided.
Limiting Directors' Duty Of Care Liability: An Analysis Of Delaware's Charter Amendment Approach, Craig W. Hammond
Limiting Directors' Duty Of Care Liability: An Analysis Of Delaware's Charter Amendment Approach, Craig W. Hammond
University of Michigan Journal of Law Reform
This Note explores the corporate law principles guiding the amendment of section 102(b)(7) and considers what effects this statute will have on the investor-director relationship. The Note focuses on whether this reform measure excessively protects directors at the expense of shareholders.
Part I analyzes the neoclassical economic view of the contractual relationship between stockholders and management that serves as the theoretical justification of section 102(b)(7). Part II proposes a modification of the Delaware statute that would provide for periodic shareholder review of charter amendments limiting liability.
Recent Developments: Kuykendall V. Top Notch Laminates, Inc.: Maryland Refuses To Make Employers Liable For Injuries Caused By Employees Who Became Intoxicated At Their Office Parties, Robert Lorenzo Kline Iii
Recent Developments: Kuykendall V. Top Notch Laminates, Inc.: Maryland Refuses To Make Employers Liable For Injuries Caused By Employees Who Became Intoxicated At Their Office Parties, Robert Lorenzo Kline Iii
University of Baltimore Law Forum
No abstract provided.
The Strict Tort Liability Of Retailers, Wholesalers, And Distributors Of Defective Products, Frank J. Cavico Jr.
The Strict Tort Liability Of Retailers, Wholesalers, And Distributors Of Defective Products, Frank J. Cavico Jr.
Nova Law Review
Strict tort liability is a mechanism the law employs to compensate innocent consumers who have been injured by the use of defective products.
The Arkansas Law Of Oil And Gas: Chapter Iv, Susan Webber Wright
The Arkansas Law Of Oil And Gas: Chapter Iv, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
The Scope Of Liability Under Section 12 Of The Securities Act Of 1933: "Participation" And The Pertinent Legislative Materials, Douglas E. Abrams
The Scope Of Liability Under Section 12 Of The Securities Act Of 1933: "Participation" And The Pertinent Legislative Materials, Douglas E. Abrams
Fordham Urban Law Journal
The Securities Act of 1933 creates two private rights of action. Since 1971, seven circuits have adopted the "participation" theory, imposing section 12 liability not only on the transferor, but also on any person whose participation in the transaction is substantial in causing the transaction to occur. This article traces the development of the participation theory. The author argues that limiting section 12 liability to the transferor would significantly diminish the protections afforded by the act and that the scope of the act should be reexamined by Congress rather than determined by judicial interpretation. Finally, in light of his thesis, …
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …