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Full-Text Articles in Law
On Sugarman On Tort-Chopping, Oscar S. Gray
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
Faculty Scholarship
Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …
No Risk Allocation Need Apply: The Twisted Minnesota Law Of Indemnification, Daniel S. Kleinberger
No Risk Allocation Need Apply: The Twisted Minnesota Law Of Indemnification, Daniel S. Kleinberger
Faculty Scholarship
Minnesota's law on indemnification agreements is the most restrictive in the country. To provide a basis for understanding the law's restrictions, this Article begins with an analysis of the rationale and functions of indemnification agreements. The Article then reviews the hostility of both the common and statutory law to indemnification agreements and argues that opponents of indemnification have acted without convincing reasons or supporting evidence in substituting government rules for private decision-making.