Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Law

Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri Jan 2012

Loss Of Consortium: Moving Past Anachronism Towards A New Standard, George Souri

George Souri

In every state except New Mexico, marriage is a requirement for bringing a common law loss of consortium claim. Despite it's "bright line" appeal, the current standard is inherently flawed. By denying unmarried couples that are in serious and committed relationships the right to sue for loss of consortium, courts today are making the same mistake historical courts -- which did not allow wives o bring loss of consortium actions -- made: they are arbitrarily holding on to a set of outdated assumed premises about marriage and committed relationships, and employing a line of jurisprudence that leads to absurd conclusions …


Admiralty Law - Are Seamen Still The "Wards Of Admiralty"? Sutton V. Earles: Ninth Circuit Extends Loss Of Society Damages To Non-Dependent Parents Of Non-Seamen In Maritime Wrongful Death Action, Arthur F. Mead Ill Sep 2010

Admiralty Law - Are Seamen Still The "Wards Of Admiralty"? Sutton V. Earles: Ninth Circuit Extends Loss Of Society Damages To Non-Dependent Parents Of Non-Seamen In Maritime Wrongful Death Action, Arthur F. Mead Ill

Golden Gate University Law Review

This comment compares the Ninth Circuit's holding with the approaches other courts have taken regarding loss of society damages and the dependency rule for awarding such recovery in maritime wrongful death actions. This comment concludes that, although the Ninth Circuit's decision was an empathetic attempt at developing the law of maritime damages, the holding's glaring conflict with the spirit of the maritime remedial statutory scheme is exemplary of a growing problem in maritime law. Specifically, as judges struggle to keep the rules of admiralty current with common law developments outside the maritime context, the separation of judge-made doctrine from Congressional …


Survey: Women And California Law, Carol A. King Sep 2010

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.


Which Comes First In Federal Court, The Chicken Or The Baby Chicks: The Unavailability Of Federal Remedies For Spousal Consortium Claims Under 42 U.S.C. Section 1983, Michelle N. Ferreri Jan 2007

Which Comes First In Federal Court, The Chicken Or The Baby Chicks: The Unavailability Of Federal Remedies For Spousal Consortium Claims Under 42 U.S.C. Section 1983, Michelle N. Ferreri

Villanova Law Review

No abstract provided.


Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane Jan 2005

Even More Wrongful Death: Statutes Divorced From Reality, John G. Culhane

Fordham Urban Law Journal

This Article discusses the restrictions on the class of eligible beneficiaries under most wrongful death statutes and considers recent legislative and judicial initiatives that have begun to change these laws to reflect reality. The Article analyzes the Victim Compensation Fund, passed in response to the events of September 11, 2001 as an example of the ability of legislative and regulatory rules to define eligibility for flexible recovery. The Article goes on to discuss recent legislative and judicial developments involving the torts of negligent infliction of emotional distress and loss of consortium, emphasizing that courts and legislatures are increasingly willing to …


Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey Jan 2004

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Seattle University Law Review

This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …


Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey Jan 2004

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …


The Medical Malpractice Damages Cap: What Is Included?, Emily Townsend Black Grey Feb 2000

The Medical Malpractice Damages Cap: What Is Included?, Emily Townsend Black Grey

Louisiana Law Review

No abstract provided.


Bystander Distress And Loss Of Consortium: An Examination Of The Relationship Requirements In Light Of Romer V. Evans, Laura M. Raisty Jan 1997

Bystander Distress And Loss Of Consortium: An Examination Of The Relationship Requirements In Light Of Romer V. Evans, Laura M. Raisty

Fordham Law Review

No abstract provided.


Breaking The Age Barrier In Alaska: Including Adult Children In Loss Of Filial Consortium Actions, Julian E. Hammar Jun 1995

Breaking The Age Barrier In Alaska: Including Adult Children In Loss Of Filial Consortium Actions, Julian E. Hammar

Alaska Law Review

No abstract provided.


The Curse Of Miles V. Apex Marine Corp.: The Mischief Of Seeking "Uniformity" And "Legislative Intent" In Maritime Personal Injury Cases, Robert Force Mar 1995

The Curse Of Miles V. Apex Marine Corp.: The Mischief Of Seeking "Uniformity" And "Legislative Intent" In Maritime Personal Injury Cases, Robert Force

Louisiana Law Review

No abstract provided.


Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon Sep 1991

Belcher V. Goins: West Virginia Joins The District Minority Of Jurisdictions In Recognizing A Claim For Loss Of Parental Consortium, Daniel T. Yon

West Virginia Law Review

No abstract provided.


Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio Jul 1981

Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio

Washington Law Review

This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …


Wife's Action For Loss Of Consortium, Fred Weisman Jan 1971

Wife's Action For Loss Of Consortium, Fred Weisman

Cleveland State Law Review

The recent Ohio Supreme Court ruling in Clouston v. Remlinger Oldsmobile Cadillac Inc. reversed a rule which had existed in Ohio for over fifty years. Ohio has now been added to the growing list of states which allow to a wife an action for damages for loss of consortium arising from negligent injury to her husband.


Maryland Prescribes Joint Action For Negligently Caused Loss Of Consortium - Deems V. Western Maryland Ry. Jan 1967

Maryland Prescribes Joint Action For Negligently Caused Loss Of Consortium - Deems V. Western Maryland Ry.

Maryland Law Review

No abstract provided.


Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter Jul 1958

Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where the legislature had not changed the common law rule that a wife could not recover for the loss of consortium resulting from her husband's negligent injury, the wife had no claim for such losses against those who caused her husband's injury.


Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor Jan 1952

Husband And Wife-Consortium Right Of Action In Wife For Negligent Injury To Husband, James B. Taylor

Cleveland State Law Review

Where the loss of her husband's consortium is the result of personal injuries caused by the mere negligence of a third person, the wife has no cause of action; she did not have such right at common law and no legislation has been enacted to give her this right. Nevertheless, at the same time that this right is denied to the wife, her husband has a cause of action under identical circumstances. In such a case, the gist of the action is the loss of his wife's services, and the right has not been affected by legislation which has abrogated …


Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S. Feb 1951

Husband And Wife--Right Of Wife To Recover For Loss Of Consortium Due To Injury Caused By Negligence, F. R. S.

West Virginia Law Review

No abstract provided.


Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird Jan 1947

Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird

Kentucky Law Journal

No abstract provided.


Domestic Relations--Right Of The Husband To Sue For Loss Of Consortium, Harry Roberts Jan 1940

Domestic Relations--Right Of The Husband To Sue For Loss Of Consortium, Harry Roberts

Kentucky Law Journal

No abstract provided.