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Full-Text Articles in Law

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.


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 …


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.