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Articles 1 - 10 of 10

Full-Text Articles in Law

Birth Of Preconception Torts In Missouri, The, Raymond E. Williams Nov 1994

Birth Of Preconception Torts In Missouri, The, Raymond E. Williams

Missouri Law Review

The term"'preconception tort' refers to negligent conduct which occurred prior to the plaintiff’s conception.” This Note examines the legal development of preconception tort doctrine with particular focus on the foreseeability, statute of limitations, and policy issues flowing from the duty a defendant owes to an unborn plaintiff.


Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck Oct 1994

Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck

Law and Contemporary Problems

The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.


Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis Sep 1994

Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis

West Virginia Law Review

No abstract provided.


Collapsing The Legal Impediments To Indemnification, Clark C. Johnson Jul 1994

Collapsing The Legal Impediments To Indemnification, Clark C. Johnson

Indiana Law Journal

No abstract provided.


Sports Officials Should Only Be Liable For Acts Of Gross Negligence: Is That The Right Call?, Kenneth W. Biedzynski Esq. Apr 1994

Sports Officials Should Only Be Liable For Acts Of Gross Negligence: Is That The Right Call?, Kenneth W. Biedzynski Esq.

University of Miami Entertainment & Sports Law Review

No abstract provided.


Missouri Firefighter's Rule, The, Christopher M. Hohn Apr 1994

Missouri Firefighter's Rule, The, Christopher M. Hohn

Missouri Law Review

The firefighter's rule bars injured firefighters and police officers from recovering against individuals whose ordinary negligence created the situation that required the presence of the officer or firefighter. In Missouri, the firefighter's rule originated as a landowner liability rule and as an exception to the rescue doctrine More recently, however, the rule has been influenced by the doctrine of assumption of risk and by public policy concerns. The result has been a hodgepodge of old and new rationales that form the basis for an inconsistent rule that relies on superfluous analysis. In Gray v. Russell, the Missouri Supreme Court reasserted …


A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine Jan 1994

A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine

Journal of Law and Health

Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient …


Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass Jan 1994

Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass

Touro Law Review

No abstract provided.


Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey Jan 1994

Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey

Kentucky Law Journal

No abstract provided.


Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan Jan 1994

Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan

Kentucky Law Journal

No abstract provided.