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Series

2009

Torts

Institution
Keyword
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Articles 1 - 30 of 73

Full-Text Articles in Law

Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers Dec 2009

Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers

Nevada Supreme Court Summaries

Plaintiffs/Appellants appeal from a district court dismissal of their complaint against several pharmacies for wrongful death and personal injury in a common-law negligence and negligence per se action.


Summary Of Webb V. Clark County School District, 125 Nev. Adv. Op. No. 47, Joseph Mott Oct 2009

Summary Of Webb V. Clark County School District, 125 Nev. Adv. Op. No. 47, Joseph Mott

Nevada Supreme Court Summaries

Appeal from Eighth Judicial District Court ruling that (1) the Paul D. Coverdell Teacher Protection Act of 2001 (Coverdell Act) is an affirmative defense and (2) expenses for psychological services rendered by an unlicensed person are recoverable.v


Equal Accountability Through Tort Law, Jason M. Solomon Oct 2009

Equal Accountability Through Tort Law, Jason M. Solomon

Faculty Publications

No abstract provided.


Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein Oct 2009

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.


Summary Of Rodriguez V. Primadonna Co. Llc, 125 Nev. Adv. Op. No. 45, Keith Pickard Oct 2009

Summary Of Rodriguez V. Primadonna Co. Llc, 125 Nev. Adv. Op. No. 45, Keith Pickard

Nevada Supreme Court Summaries

Appeal and cross-appeal from an Eighth Judicial District Court’s grant of summary judgment in a tort action.x-ms


Coordinating Sanctions In Torts, Kyle D. Logue Jul 2009

Coordinating Sanctions In Torts, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this regulatory picture of tort law, the Article asks the question how tort law should coordinate with already existing non-tort systems of regulation. Thus, for example, if a particular activity is already subject to extensive agency-based regulation, regulation that already addresses the negative externalities or other market failures associated with the activity, what regulatory role remains for tort law? Should tort law in …


Litigation Realities Redux, Kevin M. Clermont Jul 2009

Litigation Realities Redux, Kevin M. Clermont

Cornell Law Faculty Publications

Both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the author stresses the needs for and benefits from understanding and using empirical methods in the study of the adjudicatory system's operation.


The God Paradox, Joshua A.T. Fairfield Jun 2009

The God Paradox, Joshua A.T. Fairfield

Scholarly Articles

Not available.


Medical Device Safety Act Of 2009: Hearing Before The Subcomm. On Health Of The H. Comm. On Energy And Commerce, 111th Cong., May 12, 2009 (Statement Of David C. Vladeck, Prof. Of Law, Geo. U. L. Center), David C. Vladeck May 2009

Medical Device Safety Act Of 2009: Hearing Before The Subcomm. On Health Of The H. Comm. On Energy And Commerce, 111th Cong., May 12, 2009 (Statement Of David C. Vladeck, Prof. Of Law, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

I start with a brief history of the Medical Device Amendments of 1976 and explain why that history demonstrates that Congress quite clearly intended to preserve state liability law, not wipe it away. I will then turn to the Court's ruling in Riegel and address why the Court's wooden, textual approach to the Amendments -- which ignores their purpose -- led the Court to conclude, wrongly, that Congress intended the Amendments to preempt state liability claims for devices approved by FDA under the pre-market approval process. Next, I discuss the impact Riegel has had in the courts, resulting in the …


Wyeth V. Levine And Its Implications, Brian Wolfman May 2009

Wyeth V. Levine And Its Implications, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court’s decision in Wyeth v. Levine sharply limited the availability of implied preemption as a defense in pharmaceutical cases. In this Analysis & Perspective, attorney Brian Wolfman discusses the decision and its implications for prescription drug litigation as well as litigation in other areas that are regulated by the federal government.

After Wyeth, Wolfman says, a defendant in a prescription drug case must demonstrate a ‘‘tight fit between the labeling change proposed by the manufacturer (and rejected by the FDA) and the labeling change that the plaintiff contends would have prevented her injuries.’’ Moreover, he says, …


Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail R. Moncrieff May 2009

Federalization Snowballs: The Need For National Action In Medical Malpractice Reform, Abigail R. Moncrieff

Law Faculty Articles and Essays

Because tort law and healthcare regulation are traditional state functions and because medical, legal, and insurance practices are localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty. This conventional view fails to consider the impact that federal healthcare programs have on the states' incentives to regulate. As a result of federal financing, each state externalizes some of the costs of its malpractice policy onto the federal government. The federal government therefore needs to take charge of medical malpractice in order to fix the spillover problem created by existing federal healthcare programs.

Importantly, …


Low Probability/High Consequence Events: Dilemmas Of Damage Compensation, Richard O. Lempert Apr 2009

Low Probability/High Consequence Events: Dilemmas Of Damage Compensation, Richard O. Lempert

Law & Economics Working Papers Archive: 2003-2009

This article was prepared for a Clifford Symposium which challenged paper writers to imagine how our system of tort compensation might look in the year 2020. This paper responds to an aspect of the general challenge: to imagine a tort recovery system which would deal adequately with rare and catastrophic events. To get a handle on this problem, the paper looks closely at how the legal system compensated damages attendant on four recent events that might be considered “rare and catastrophic” – Three Mile Island, 9/11, Hurricane Katrina and the Exxon Valdez oil spill. In no case did the system …


Intelligent Design And Tort Law: Partners In A Unified Theory Of Causation, Barbara Mouly Apr 2009

Intelligent Design And Tort Law: Partners In A Unified Theory Of Causation, Barbara Mouly

Faculty Publications and Presentations

No abstract provided.


Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins Apr 2009

Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how …


Design Defect Ghosts, David Owen Apr 2009

Design Defect Ghosts, David Owen

Faculty Publications

No abstract provided.


Manufacturer's Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron Twerski, James A. Henderson Jr. Apr 2009

Manufacturer's Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson Apr 2009

The Boundary-Line Fuction Of The Economic Loss Rule, Vincent R. Johnson

Faculty Articles

No abstract provided.


Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr. Apr 2009

Manufacturers' Liability For Defective Product Designs: The Triumph Of Risk-Utility, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.


Foreseeability And Copyright Incentives, Shyamkrishna Balganesh Apr 2009

Foreseeability And Copyright Incentives, Shyamkrishna Balganesh

All Faculty Scholarship

Copyright law’s principal justification today is the economic theory of creator incentives. Central to this theory is the recognition that while copyright’s exclusive rights framework provides creators with an economic incentive to create, it also entails large social costs, and that creators therefore need to be given just enough incentive to create in order to balance the system’s benefits against its costs. Yet, none of copyright’s current doctrines enable courts to circumscribe a creator’s entitlement by reference to limitations inherent in the very idea of incentives. While the common law too relies on providing actors with incentives to behave in …


The Relation Between Regulation And Class Actions: Evidence From The Insurance Industry, Eric Helland, Jonathan Klick Mar 2009

The Relation Between Regulation And Class Actions: Evidence From The Insurance Industry, Eric Helland, Jonathan Klick

All Faculty Scholarship

Standard law and economics models imply that regulation and litigation serve as substitutes. We test this by looking at the incidence of insurance class actions as a function of measures of regulatory enforcement. We also look specifically at whether states with clear regulatory standards regarding the use of OEM parts experience less litigation over this issue. We find no evidence of substitution between regulation and litigation. We also examine the possibility that litigation is more frequent in states where regulators are more likely to be captured by industry interests, finding no support for this hypothesis either. Instead, litigation is more …


Does Anyone Get Stopped At The Gate? An Empirical Assessment Of The Daubert Trilogy In The States, Eric Helland, Jonathan Klick Mar 2009

Does Anyone Get Stopped At The Gate? An Empirical Assessment Of The Daubert Trilogy In The States, Eric Helland, Jonathan Klick

All Faculty Scholarship

The Supreme Court’s trilogy of evidence cases, Daubert, Joiner, and Kumho Tire appear to mark a significant departure in the way scientific and expert evidence is handled in federal court. By focusing on the underlying methods used to generate the experts’ conclusions, Daubert has the potential to impose a more rigorous standard on experts. Given this potential, some individuals have called for states to adopt the Daubert standards to purge “junk science” from state courts. However, there is relatively little empirical support for the notion that Daubert affects the quality of expert evidence. Using a large dataset of state court …


A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki Mar 2009

A Theory Of Discipline For Professional Misconduct, Nadia N. Sawicki

All Faculty Scholarship

State medical boards derive their licensure and disciplinary authority from the police powers reserved to the states under the 10th Amendment. Though it is clear that public health, safety, and welfare are well-served by the educational and examination requirements uniformly imposed upon medical professionals, many medical practice acts also authorize discipline for professional misconduct that does not directly implicate clinical competence or patient safety - for example, being convicted of a felony or a crime of moral turpitude, failing to comply with a child support order, providing expert opinion to a court without reasonable investigation, ordering unnecessary laboratory tests, engaging …


Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce Jan 2009

Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce

Nevada Supreme Court Summaries

Appeal from a district order granting summary judgment for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty.


The Status Of Tort Reform (S.B. 3) 4 Years Later, Thomas A. Eaton Jan 2009

The Status Of Tort Reform (S.B. 3) 4 Years Later, Thomas A. Eaton

Presentations and Speeches

Overview of tort reform changes under Georgia S.B. 3 (2005)


Negligence Per Se And Res Ipsa Loquitur: Kissing Cousins, Aaron D. Twerski Jan 2009

Negligence Per Se And Res Ipsa Loquitur: Kissing Cousins, Aaron D. Twerski

Faculty Scholarship

No abstract provided.


Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein Jan 2009

Fellow-Feeling And Gender In The Law Of Personal Injury, Anita Bernstein

Faculty Scholarship

No abstract provided.


Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness Jan 2009

Product Liability's Parallel Universe: Fault-Based Liability Theories And Modern Products Liability Law, Richard C. Ausness

Law Faculty Scholarly Articles

Strict liability has always been the heart and soul of American products liability law. As early as 1963, Justice Roger Traynor in Greenman v. Yuba Power Products, Inc. stated that "[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it will be used without inspection for defects, proves to have a defect that causes injury to a human being." Shortly thereafter, the drafters of section 402A of the Restatement (Second) of Torts made it clear that the exercise of due care would not shield sellers from liability when their products caused injury. …


The Role And Future Of Customary Tort Law In Ghana: A Cross-Cultural Perspective, Julie A. Davies, Dominic N. Dagbanja Jan 2009

The Role And Future Of Customary Tort Law In Ghana: A Cross-Cultural Perspective, Julie A. Davies, Dominic N. Dagbanja

McGeorge School of Law Scholarly Articles

No abstract provided.


Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo Jan 2009

Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Attorney Referral, Negligence, And Vicarious Liability, Bruce Ching Jan 2009

Attorney Referral, Negligence, And Vicarious Liability, Bruce Ching

Journal Articles

As a consequence of requests from clients or prospective clients, lawyers are often placed in a position of giving referrals, especially in situations of cross-specialty referrals (such as an estate planning attorney whose longtime client has become a party in a personal injury lawsuit) or cross-jurisdictional referrals (such as an attorney in Michigan who is contacted by a prospective client who must respond to a lawsuit that was filed in Ohio).

But if the lawyer who receives the referral commits malpractice in handling the case, can the lawyer who made the referral be held liable for the client's loss? This …