Law Commons^™

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman

Peter Siegelman

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.

Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir

Faculty Scholarship

No abstract provided.

Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty, Neil J. Foster

Neil J Foster

What I do in this paper is to open up in a fairly preliminary way an area of the law relating to attribution of liability that, while it has been around for a long time, I think is increasingly being misunderstood by scholars and the courts. I will mostly focus on the application of this principle in relation to workplace injuries, partly because that constitutes a significant area of its past and present application.

Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock

Seattle Journal for Social Justice

No abstract provided.

Product Liability, Franklin P. Brannen Jr.

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2012 and May 31, 2013. The Article covers noteworthy cases decided during this period by the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.

The Seat-Belt Defense In Georgia, Jacob E. Daly

Mercer Law Review

For a doctrine of common-law origin, the seat-belt defense is a relatively youthful fifty years old. Credit for the first use of this defense has been attributed to the defendant in Stockinger v. Dunisch, a 1964 case in Sheboygan County, Wisconsin, in which the plaintiff's damages were reduced by 10% based on the jury's finding that she was negligent for failing to use a seat belt. Despite this initial success, most states have rejected the defense, some legislatively and others judicially, and therefore exclude evidence of a plaintiffs failure to use an available seat belt. The Georgia Court of …

Torts, Phillip Comer Griffeth, Cash V. Morris

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2012 and May 31, 2013. Throughout this survey period, our appellate courts provided clear recitations of existing tort law, clarified the application and meaning of statutes and existing lines of cases, and recognized liability and defenses in cases of first impression.

From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas

Journal Articles

No abstract provided.

Causation In Tort Law: A Reconsideration, Keith N. Hylton

Faculty Scholarship

Causation is a source of confusion in tort theory, as well as a flash point for the debate between consequentialist and deontological legal theorists.¹ Consequentialists argue that causation is generally determined by the policy grounds for negligence, not by a technical analysis of the facts.² Conversely, deontologists reject the view that policy motives determine causation findings.

Causation has also generated different approaches within the consequentialist school. Some take an essentially forward- looking approach to formalizing causation analysis, finding causation analysis to be subsumed within the Hand Formula.⁴ Another approach within the consequentialist school closely examines the incentive …

Tort Law: The Languages Of Duty, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

A Process Theory Of Torts, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

Probabilistic Knowledge Of Third-Party Trademark Infringement, Mark Mckenna

Mark P. McKenna

No abstract provided.

Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace

Nevada Supreme Court Summaries

The Court was presented with two questions: “(1) If a defendant settles in good faith does NRS 17.245(1)(b) bar "de facto" claims for contribution and/or equitable indemnity?; and (2) Are the contractor's third-party claims in this matter considered "de facto" contribution and/or equitable indemnity claims that may be barred under NRS 17.245(1)(b)?”

Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court decided four issues: (1) Whether a deceased’s blood alcohol content (BAC) may be submitted to show his comparative negligence in a wrongful death action; (2) whether a district court abuses its discretion by allowing an expert to testify based on an allegedly unreliable report; (3) whether a jury’s damages award should be reduced based on comparative negligence before or after imposing a statutory damage cap; and (4) whether awards for attorney fees may include charges for nonattorney staff.

Mutual Pharmaceutical Co. V. Bartlett And Its Implications, Brian Wolfman, Anne King

Georgetown Law Faculty Publications and Other Works

The authors state that the U.S. Supreme Court’s preemption ruling in Mutual Pharmaceutical Co. v. Bartlett, which generally shields generic drug manufacturers from state-law damages liability for design-defect claims, may also have broader implications for preemption jurisprudence. In this article they describe the Supreme Court’s decision in Mutual and evaluate how it may affect future products-liability litigation.

Part I provides an overview of the case’s factual background and of federal generic drug regulation, while Part II discusses the Court’s majority opinion and the dissents. Part III analyzes the implications of the decision, offering ideas on how plaintiffs injured by …

The Nfl Concussion Settlement And Injury Compensation Funds, Annette Greenhow

Annette Greenhow

Details of the US$765m settlement between the NFL and over 4 500 retired NFL players

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Cornell Law Faculty Publications

Litigation investment, which is also known as “litigation finance” or “third party litigation finance,” has grown in importance in many common law and civilian legal systems and has come to the United States as well. While many questions remain about both legality and social desirability of litigation finance, this paper starts with the assumption that the practice will become widespread in the US and explores the obligations of the parties to the litigation finance contract.

The first part of the article uses an example to illustrate the risks imposed by one of the other party on the other which should …

Football And Cigarettes: A Legal Perspective On The Nfl's Concussion Crisis, Annette Greenhow

Annette Greenhow

A summary of the NFL Concussion Litigation and the analogies made in the US Congressional Hearings to 'Big Tobacco'

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …

Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette

Donald G Gifford

The Article presents a comprehensive proposal for assigning liability in tort cases according to the parties’ respective degrees of fault. The authors criticize the Court of Appeals of Maryland’s recent decision in Coleman v. Soccer Association of Columbia declining to abrogate contributory negligence, particularly the court’s notion that it should not act because of the legislature’s repeated failure to do so. The Article provides a comprehensive analysis of the advantages and disadvantages of comparative fault, including its effect on administrative costs, claims frequency, claims severity, insurance premiums, and economic performance. The authors propose the legislative enactment of comparative fault and …

¿Si Te Toco, Te Pago? Lo Dices ¿En Serio?: Contextualizando La Teoría Del Contacto Social, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk

Richard Faulk

Questions abound regarding the Bostic v. Georgia Pacific case. Is Texas preparing to resume the “endless search” for the next “solvent bystander?” Is the Texas Supreme Court considering a departure not only from Flores, but also from decades of settled Texas law regarding causation in tort cases? Hopefully, the memory of the disastrous and wasteful “cold war” of asbestos litigation will persist and rational common-law limits will not be sacrificed to resurrect a demonstrably abusive system.

Commento Agli Artt. 94 E 95-Bis Testo Unico Della Finanza, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg

University of Arkansas at Little Rock Law Review

No abstract provided.

"The Disorderly Conduct Of Words": Civil Liability For Injuries Caused By The Dissemination Of False Or Inaccurate Information, Richard C. Ausness

Law Faculty Scholarly Articles

This Article is concerned with the potential liability of those who disseminate false or inaccurate information that causes physical injury or property damage to those who rely upon it. However, this Article will not address the question of whether those who advocate or depict violence or other antisocial activities should also be subject to liability. For the most part, such publications are considered to be a form of constitutionally protected speech, even when they directly cause physical harm to others. Although the issue of liability for the publication of factually inaccurate information is narrower in scope than liability for the …

Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt

Michigan Law Review

Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Vanderbilt Law Review

This Article begins by describing the market for investment in commercial litigationA Litigation-investment transactions share features of existing economic relationships, such as commercial lending, liability insurance, contingent fee-financed representation, and venture capital, but none of these existing practices furnishes a suitable analogy for regulating litigation investment. Like third-party insurance, litigation investment is a way to manage the risk associated with litigation while bringing to bear the particular subject matter expertise of a risk-neutral institutional actor. Insurance companies and litigation investors may be systematically in a better position to reduce the risk of litigation, either through risk pooling or information-cost advantages. …

Los Daños Punitivos En El Proyecto De Reformas (Punitive Damages In The Ammendment Bill), Leonardo A. Urruti

Leonardo Abel Urruti