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Articles 1 - 10 of 10
Full-Text Articles in Law
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski
Cleveland State Law Review
The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.
Book Review, Philip J. Bourne
Book Review, Philip J. Bourne
Cleveland State Law Review
Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela
Cleveland State Law Review
What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Statutes Of Limitations In Legal Malpractice, Norman T. Baxter
Cleveland State Law Review
It becomes apparent from an analysis of cases and law that many jurisdictions, when using the term malpractice, limit the term strictly to physicians and surgeons. It is not so much the fact that legal malpractice is excluded from the term malpractice but rather that it is never even mentioned. Since legal malpractice appears to be a matter of state definition it would seem that perhaps the best approach to understanding legal malpractice would be to examine (as typical) the statutes of three of our leading states, to see what is the present status of their laws on the subject.
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Physician's Liability For Torts Of Hospital Employees, Irene E. Svete
Cleveland State Law Review
Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …
Product Liability For A Defective House, Joseph A. Valore
Product Liability For A Defective House, Joseph A. Valore
Cleveland State Law Review
The position of the American courts regarding the matter of the liability of a builder-vendor for his work is best answered by examining cases from some of the various jurisdictions to see how the problem has been handled. A builder should be held to warrant his product to be free from defects and to be suitable for the use intended. The cases reflect the growing desire to provide the buyer of a new house with this protection. Yet, protection is generally extended only to one who buys a house which is not finished.
Master's Defamation Of His Servant, Charles A. Caruso
Master's Defamation Of His Servant, Charles A. Caruso
Cleveland State Law Review
The question now arises, as it does so frequently when one right must be held in balance against another, is one's right to unconditionally utter any statement he so wishes subservient to another's right to a reputation free from the impairments of defamation? The question has lost its youth along with the First Amendment of the United States Constitution; yet the decisions and authority, as to which right is the more fundamental and which should be subrogated to which, are still widely divided.
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Cleveland State Law Review
Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf
Cleveland State Law Review
This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.
Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Cleveland State Law Review
The Securities Exchange Act of 1934 specifically provides for a dual system of regulation over securities and persons by both state securities commissions and the SEC, provided that the state authority does not conflict with the Exchange Act or consequent rules and regulations. However, there is no direction given in the Act or its rules as to whether federal pre-emption will be applied when a Commission rule attempts to abrogate the state's common law of defamation.