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Articles 31 - 41 of 41
Full-Text Articles in Legal Remedies
Recent Spine Damage Awards, Sheldon E. Baskin
Recent Spine Damage Awards, Sheldon E. Baskin
Cleveland State Law Review
Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.
Death Damages And Conflicts Of Laws, Marvin D. Silver
Death Damages And Conflicts Of Laws, Marvin D. Silver
Cleveland State Law Review
Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a …
Recent Whiplash Damage Awards, Esther Weissman
Recent Whiplash Damage Awards, Esther Weissman
Cleveland State Law Review
In viewing more than 100 recent appellate cases concerning whiplash, one is struck by the lack of any definite standard or pattern of awards.
Recent Arm And Hand Damage Awards, Robert M. Hisnay
Recent Arm And Hand Damage Awards, Robert M. Hisnay
Cleveland State Law Review
The ever-present question to be answered in personal injury cases, other than liability of course, is the measure of damages to which the plaintiff is entitled. Where the plaintiff has been left with a permanent total, or permanent partial disability, such disability must be properly evaluated and transformed into an element of a money award for damages in order that adequate compensation will be received by the injured party. The problem of evaluating a permanent disability of the arm or hand is as medically complex as the multiplicity of functions which the member performs.
Recent Head Damage Awards, Eileen Kelley
Recent Head Damage Awards, Eileen Kelley
Cleveland State Law Review
Head trauma is responsible for more litigation than any other single bodily mechanical damage. Belli ranks brain injuries second only to the back and spine in producing permanent and crippling disabilities.
Recent Back Damage Awards, Carl H. Miller
Recent Back Damage Awards, Carl H. Miller
Cleveland State Law Review
Injuries to the human back have long perplexed the legal world. This is especially true of the soft tissue area of the back, where objective medical tests give way to the vagueness of a "sprained" muscle, and the court finds itself torn between the desire to adequately compensate an injured plaintiff and the caution that must prevail where objective tests are inadequate. Generally speaking, we will be concerned with that portion of the back that is not skeletal in nature,and though the interaction of the spine with the muscular structure permits little latitude in separating them, we will do so …
Recent Leg Damage Awards, Doris Hauth
Recent Leg Damage Awards, Doris Hauth
Cleveland State Law Review
Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Cleveland State Law Review
The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.
Book Review, Heinz Gasser
Book Review, Heinz Gasser
Cleveland State Law Review
Reviewing Howard L. Oleck, Damages to Persons and Property, Central Book Company, 1957
Relief For Vendee From Vendor's Strike, Warren D. Langer
Relief For Vendee From Vendor's Strike, Warren D. Langer
Cleveland State Law Review
While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, …
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi
Cleveland State Law Review
An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …