Law Commons^™

Using Statistical Techniques To Predict Non-Pecuniary Damage Awards In Personal Injury Cases, Jack Effron, John Forster

Dalhousie Law Journal

The real issue in personal injury cases is often damages. Our concepts and law relating to negligence and other aspects of personal injury are sufficiently developed that parties can often agree upon who is at fault. Yet damages law, for all the cases and principles which have been decided, remains the least intelligible and thus the least predictable for parties and their counsel. When parties have to go to trial in a personal injury case, it is often primarily to decide who should pay what.

Standards Of Conduct, Multiple Defendants, And Full Recovery Of Damages In Tort Liability For The Transmission Of Human Immunodeficiency Virus, Richard Carl Schoenstein

Hofstra Law Review

No abstract provided.

Joint And Several Liability Minnesota Style, Michael K. Steenson

Faculty Scholarship

This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …

The Medical Malpractice Imbroglio: A Non-Adversarial Suggestion, Elliott M. Abramson

Kentucky Law Journal

No abstract provided.

Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White

All Faculty Scholarship

Judicial inconsistencies in balancing costs against benefits in legal determinations, sometimes referred to as the Learned Hand Formula, indicate that the implications are not fully understood. The incorporation of more formal economic cost-benefit analysis by some courts has only served to increase the confusion and wariness about fostering such guidelines for social behavior.

This article's purpose is threefold. One is to demonstrate how the use of cost-benefit analysis necessarily imparts the moral and/or political values of the user into his or her decisions. While the cost-benefit technique is itself value-neutral, its application, as will be shown, requires that some moral …