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A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb Oct 2017

A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb

Maine Law Review

In 2009, the Maine Supreme Judicial Court, sitting as the Law Court, decided Picher v. Roman Catholic Bishop of Portland, a case that presented an issue of first impression in Maine: whether the doctrine of charitable immunity protected charitable organizations from liability for intentional torts. The court ultimately held that charitable immunity was not a defense to intentional torts, but that it did bar negligence claims based on the sexual abuse of a minor. In Picher, a majority of the Law Court partly vacated the trial court’s grant of summary judgment for the Roman Catholic Bishop of Portland (Bishop) and …


The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz Jan 2010

The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz

Articles

Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the positive, doctrinal history of charitable immunity law. In this essay, in three parts, I critique Professor Epstein’s suggestion that a faulty set of interpretations in charitable immunity law led to our current reliance on tort for malpractice claims. First, I offer an alternative interpretation to Professor Epstein’s claim that one group of 19th and early 20th century cases demonstrates a misguided effort to protect donor wishes. Rather, I …


Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead Jan 2009

Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead

Articles

Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey’s Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and …


Charitable Liability For Tort, Edith L. Fisch Jan 1964

Charitable Liability For Tort, Edith L. Fisch

Villanova Law Review

No abstract provided.


Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris Jan 1961

Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris

Cleveland State Law Review

It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.


Negligence--Liability Of Charitable Hospital--Insurance, B. A. G. Jun 1953

Negligence--Liability Of Charitable Hospital--Insurance, B. A. G.

West Virginia Law Review

No abstract provided.


Charities--Charitable Corporations--Liability For Torts, C. M. H. Dec 1950

Charities--Charitable Corporations--Liability For Torts, C. M. H.

West Virginia Law Review

No abstract provided.


The Liability Of Charitable Institutions For Torts Of Agents And Servants, Edward M. Ball Jan 1949

The Liability Of Charitable Institutions For Torts Of Agents And Servants, Edward M. Ball

Kentucky Law Journal

No abstract provided.


Charities--Charitable Hospital--Liability For Torts To Patients, C. M. L. Jr. Jun 1925

Charities--Charitable Hospital--Liability For Torts To Patients, C. M. L. Jr.

West Virginia Law Review

No abstract provided.


The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins Jan 1907

The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins

Articles

The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …