Law Commons^™

Using The Federal Tort Claims Act To Remedy Property Damage Following Customs Service Seizures, Richard F. Neidhardt

University of Michigan Journal of Law Reform

Part I of this Note explains the general application of the FTCA to tort claims asserted against the federal government. Part II demonstrates the inadequacy of current judicial arguments regarding the adjudication of detention-related property damage claims under section 2680(c). Part III presents the. policy considerations behind the FTCA and concludes that those considerations allow courts to interpret the Act to cover detention-related property damage claims.

Developing A Victims' Suit For Injuries Caused By A Compulsorily Released Prisoner, Leonard M. Niehoff

University of Michigan Journal of Law Reform

This Note advocates the development of a tort remedy for victims injured by a compulsorily released prisoner. This remedy would be based on existing tort theory permitting suits against third parties whose negligence causes or facilitates a criminal act. The victim would bring suit against both the state and third parties who aided in the criminal release determination . To support his claim, the victim would allege: (1) that state officials negligently selected the offending inmate for early release; and (2) that the state negligently maintained the unconstitutional prison conditions which precipitated the release.

Part I of this Note discusses …

Kosak V. United States, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Product Liability And The Passage Of Time: The Imprisonment Of Corporate Rationality, James A. Henderson Jr.

Cornell Law Faculty Publications

In theory, the product liability system should induce manufacturers to invest in product safety at the socially optimal level, i.e., the level at which the marginal cost of the investment equals the marginal cost of product-related accidents thereby avoided. In reality, however, this inducement may be weakened by countervailing incentives, causing manufacturers in marginal cases to forgo investment that would appear to be cost-effective. Professor Henderson argues that in these cases corporate rationality has been "imprisoned" by two "real-world" phenomena. First, a manufacturer may postpone product improvements lest they be viewed by potential claimants and juries as a confession of …

Malicious, Intentional And Negligent Mental Distress In Florida, Patricia V. Russo

Florida State University Law Review

No abstract provided.

Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef

Washington Law Review

The Washington Supreme Court recently recognized both wrongful birth and wrongful life causes of action in Harbeson v. Parke-Davis, Inc. The court joined a growing number of jurisdictions that grant a wrongful birth claim. In recognizing the wrongful life claim, however, the court broke with the great weight of authority. This Note briefly examines the facts of the Harbeson case. Then, in separate sections, the Note reviews the legal background for the wrongful birth and wrongful life causes of action and analyzes and criticizes the court's reasoning on each claim. The analysis and criticism of the wrongful birth claim is …

Tort—Federal Tort Claims Act—Feres Doctrine Bars Post-Discharge Failure To Warn Claim, Denise Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.

Claim Requirements Of The Federal Tort Claims Act: Minimal Notice Or Substantial Documentation?, Michigan Law Review

Michigan Law Review

This Note finds both the Adams and Swift positions unsatisfactory. Part I contends that Adams misconstrued the legislative history of the FTCA amendments by applying a minimal notice standard and then argues that Swift contravenes the amendments' fairness policy by permitting ambiguous, overreaching documentation requests. Part II contends that courts should interpret section 2675's "presented the claim" language as an accommodation between two competing Congressional objectives: presuit claims settlement and fair treatment of claimants. The Note proposes that until the Department of Justice modifies its current claims regulations, courts should toll the statute of limitations whenever an individual's claim includes …

Federal Tort Liability For Negligent Mine Safety Inspections, W. Eugene Basanta

West Virginia Law Review

No abstract provided.

From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron Twerski

Faculty Scholarship

No abstract provided.

An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor

Vanderbilt Law Review

This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …

Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown

Florida State University Law Review

No abstract provided.

Champion V. Gray, 420 So. 2d 348 (Fla. 5th Dca 1982), David Richard Lenox

Florida State University Law Review

Tort Law-NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS-SHOULD THE FLORIDA SUPREME COURT REPLACE THE IMPACT RULE WITH A FORESEEABILITY ANALYSIS?

Torts, Camden P. Siegrist

West Virginia Law Review

No abstract provided.

Manufacturers' Strict Liability For Injuries From A Well-Made Handgun, Gerard M. Mackarevich

William & Mary Law Review

No abstract provided.

Section 43(A) Of The Lanham Act: A Statutory Cause Of Action For False Advertising, Gary S. Marx

Washington and Lee Law Review

No abstract provided.

Xiii. Torts

Washington and Lee Law Review

No abstract provided.

Parents Allowed To Recover Damages For Loss Of Companionship And Society As Well As Damages For Mental Anguish For Death Of Minor Child Under Texas Wrongful Death Act., Vicky Hallick Robbins

St. Mary's Law Journal

Abstract forthcoming.

A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini

St. Mary's Law Journal

Abstract forthcoming.

Medical Malpractice Statute Which Prevents Tolling Of Limitations During Infancy Violates Due Process Clause Of Texas Constitution., Christopher J. Volkmer

St. Mary's Law Journal

Abstract forthcoming.

Denial Of Atomic Veterans' Tort Claims: The Enduring Fallout From Feres V. United States, J. Thomas Morina

William & Mary Law Review

No abstract provided.

A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw

Law Faculty Scholarly Articles

Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recovery is still the law in Kentucky, although modified by the doctrine of "last clear chance." Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …

Dept. Of Transportation V. Neilson, 419 So. 2d 1071 (Fla. 1982); Ingham V. Dept. Of Transp., 419 So. 2d 1081 (Fla. 1982); City Of St. Petersburg V. Collom, 419 So. 2d 1082 (Fla. 1982), Kenneth Mclaughlin

Florida State University Law Review

Torts-SOVEREIGN IMMUNITY TRILOGY:-COMMERCIAL CARRIER REVISITED BUT NOT REFINED

Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth

Loyola University Chicago Law Journal

No abstract provided.

Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King

Loyola University Chicago Law Journal

No abstract provided.

Loss Allocation In Strict Products Liability In Illinois: Coney V. J.L.G. Industries, Inc., Lou Ann Reichle

Loyola University Chicago Law Journal

No abstract provided.

A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw

Kentucky Law Journal

No abstract provided.

Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness

Law Faculty Scholarly Articles

This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.

Recent Developments In Tort Law And The Federal Courts, John W. Wade

Kentucky Law Journal

No abstract provided.