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Full-Text Articles in Legal Remedies

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett Oct 1977

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.

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Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck Sep 1977

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.

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Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case Apr 1977

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.

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Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner Apr 1977

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

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A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag Jan 1977

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.

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Punitive Damages In Products Liability Litigation, David G. Owen Jun 1976

Punitive Damages In Products Liability Litigation, David G. Owen

Michigan Law Review

This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …

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Trends In The Law Of Damages, John W. Reed Jan 1976

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

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Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers Jun 1975

Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers

West Virginia Law Review

No abstract provided.

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Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo Aug 1974

Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo

Michigan Law Review

Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.

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Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck Jun 1974

Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck

Michigan Law Review

The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …

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Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein Apr 1973

Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein

Buffalo Law Review

Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).

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Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review Mar 1972

Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review

Michigan Law Review

The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …

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Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review Mar 1972

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …

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Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr. Jan 1972

Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.

University of Michigan Journal of Law Reform

This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …

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Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr. Jan 1972

Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.

Vanderbilt Law Review

Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …

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Variation On Libel Per Quod, Laurence H. Eldredge Jan 1972

Variation On Libel Per Quod, Laurence H. Eldredge

Vanderbilt Law Review

During the nineteenth century it became settled common law in England and in the United States that in any action for libel, as distinct from slander, the plaintiff could recover damages without pleading or proving that he had in fact suffered any damages as a result of the publication. The American Law Institute accepted this as sound law. Volume III of the Restatement of Torts, published in 1938, stated the rule in section 569: "One who falsely, and without a privilege to do so, publishes matter defamatory to another in such a manner as to make the publication a libel …

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Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review May 1971

Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review

Michigan Law Review

This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.

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Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin Jan 1971

Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin

Faculty Scholarship

Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …

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Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer Apr 1970

Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer

Buffalo Law Review

No abstract provided.

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Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham Jan 1970

Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

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Damages In Wrongful Death Actions, Stanley B. Kent Jan 1968

Damages In Wrongful Death Actions, Stanley B. Kent

Cleveland State Law Review

It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …

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Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr. Jan 1968

Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.

Cleveland State Law Review

There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …

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The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio Jan 1968

The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio

Cleveland State Law Review

In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.

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Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost Mar 1967

Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost

Michigan Law Review

On April 16, 1964, the Texas Gulf Sulphur Company announced one of the most significant mineral discoveries of the twentieth century-a major copper and zinc deposit near Timmins, Ontario, found by means of geophysical exploration and exploratory drilling. Unusual market activity prior to this announcement prompted a Securities Exchange Commission (SEC) investigation of insider stock transactions. In April 1965, the SEC brought suit against a group of Texas Gulf insiders, alleging that their purchase of stock on national exchanges before the disclosure of the information concerning the Timmins strike constituted a violation of section 10(b) of the Securities Exchange Act …

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Special Damages Requirement For Libel Per Quod Mar 1967

Special Damages Requirement For Libel Per Quod

Washington and Lee Law Review

No abstract provided.

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Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day Jan 1966

Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day

Cleveland State Law Review

To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …

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Damages For Emotional Distress In Ohio, James G. Young Jan 1966

Damages For Emotional Distress In Ohio, James G. Young

Cleveland State Law Review

A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.

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Some Bases For Remittitur In Personal Injury Cases, Robert Saxer Jan 1966

Some Bases For Remittitur In Personal Injury Cases, Robert Saxer

Cleveland State Law Review

In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.

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Damages For Mental Suffering In Discrimination Cases, John E. Duda Jan 1966

Damages For Mental Suffering In Discrimination Cases, John E. Duda

Cleveland State Law Review

This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …

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Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte Jan 1966

Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte

Cleveland State Law Review

The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.

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