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Compensation

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Institution
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Articles 61 - 77 of 77

Full-Text Articles in Legal Remedies

The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review Mar 1980

The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review

Michigan Law Review

A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell

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Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards Apr 1978

Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards

University of Michigan Journal of Law Reform

Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.

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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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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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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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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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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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Recent Treaties And Statutes, Shelley I. Stiles, Iii Jan 1972

Recent Treaties And Statutes, Shelley I. Stiles, Iii

Vanderbilt Journal of Transnational Law

Since the 1946 Supreme Court decision in Seas Shipping Co. v. Sieracki, the seaman's traditional remedy based on absolute liability of the vessel for an unseaworthy condition also has been available to longshoremen. Limited to longshoremen working aboard the vessel, the Sieracki opinion emphasized that the work of loading and unloading vessels was a maritime service formerly and historically rendered by seamen, and reasoned that because the work now performed by longshoremen involved risks commensurate with those undertaken by seamen, longshoremen injured on board ship should be entitled to unlimited recovery under the seaworthiness doctrine. The seaworthiness doctrine was expanded …

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Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa Jan 1968

Products Liability In Pennsylvania, William E. Benner, Thomas C. Riley, Joseph A. Torregrossa

Villanova Law Review

No abstract provided.

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Recent Developments, Various Editors Jan 1968

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

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Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

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Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review May 1965

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …

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Soviet Tort Law: The New Principles Annotated, Whitmore Gray Jan 1964

Soviet Tort Law: The New Principles Annotated, Whitmore Gray

Articles

In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …

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The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re Jun 1962

The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re

Michigan Law Review

Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …

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Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price Apr 1961

Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price

Michigan Law Review

Upon default of the contracting shipbuilder, the United States acquired title to certain materials in accordance with a contract provision. Petitioners, who had previously acquired materialmen's liens on these materials, claimed that assertion of the doctrine of immunity of government property from attachment resulted in a "taking" of their liens in violation of the fifth amendment. This was rejected by the Court of Claims. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting. Since the builder had title at the time the materials were furnished, the property was not a "public work" and thus the …

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Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

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The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake Jan 1913

The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake

Articles

AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …

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