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Articles 2551 - 2580 of 2821

Full-Text Articles in Legal Remedies

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis Apr 1962

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis

Michigan Law Review

Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …

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The Casual Relation Issue In Negligence Law, Leon Green Mar 1962

The Casual Relation Issue In Negligence Law, Leon Green

Michigan Law Review

Two significant legal studies of "Causation"-one English, one American-have been recently published. The English book brings to the subject more scholarly learning and a more comprehensive examination of its literature than any other book that has been written. The authors are devoted disciples of causation principles and make a stout defense of the causation concept as the structural core of negligence law. They examine the philosophical, common sense and semantic backgrounds of causal concepts as the basis of legal liability, find that they have merit, and launch extended, and sometimes devastating, attack upon theories that question their adequacy, though in …

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A General Theory For Measuring Seller's Damages For Total Breach Of Contract, Robert J. Harris Mar 1962

A General Theory For Measuring Seller's Damages For Total Breach Of Contract, Robert J. Harris

Michigan Law Review

This article is concerned with the legal rules which should govern the process of valuing what plaintiff saved by exercising his power to stop further performance upon notice of defendant's serious breach. Where plaintiff is a "buyer" (whether he buys land, services, personality, or the temporary use of some kind of property), and he was to pay the price in dollars, few difficulties arise in valuing his saved performance. But if he was a "seller" of any of those commodities, valuation is hard. Thus our inquiry is chiefly concerned with cases in which plaintiff is a "seller," not a "buyer."

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Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed. Mar 1962

Damages-Pain And Suffering-Use Of A Mathematical Formula, Thomas D. Heekin S .Ed.

Michigan Law Review

Measurement of damages for pain and suffering is, in a sense, an attempt to measure the unmeasurable; yet as long as our law recognizes a right to recover for pain and suffering, the jury or judge must arrive at some concrete figure. The traditional approach of simply instructing the jury that they should arrive at a reasonable amount provides little, if any, guidance. The question is whether this approach, nevertheless, remains the best of a bad lot of alternatives. If more guidance is desirable, what can be accomplished within the framework of our present system? The mathematical formula discussed in …

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Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott Feb 1962

Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott

Michigan Law Review

The plaintiff, as trustee in bankruptcy of the insured, sued the defendant insurer to recover damages resulting from a judgment entered against the insured in a personal injury suit. This judgment subjected the insured to a liability of 89,000 dollars in excess of the 10,000 dollar automobile liability_ coverage carried with the insurer. The insurer, pursuant to its policy, had undertaken the insured's defense and had failed, allegedly in bad faith, to settle the suit for an amount within the limits of its coverage. Before judgment was entered in the personal injury suit the insured was insolvent; six months following …

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Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann Jan 1962

Damages For Potential Residuals Of Brain Injuries, Jerry B. Kraig, Henry A. Hentemann

Cleveland State Law Review

The seriousness of damage to the head and resultant impairment of the body functions has been given proper cognizance as evidenced by substantial jury awards. Injury to the brain, however, may not only result in immediate damage to the body function but may result in damage that will be experienced at a remote future time.

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Per Diem Argument Of Pain And Suffering Damages, Doris Hauth Jan 1962

Per Diem Argument Of Pain And Suffering Damages, Doris Hauth

Cleveland State Law Review

It is obvious that pain and suffering are inherent elements in almost any bodily injury, but the problem facing plaintiff's counsel is to bring to the realization of the jury its extent in a particular case. At trial various types of demonstrative evidence are used to effect this end. In recent years attorneys have used the "mathematical formula" (or "per diem") technique in their final arguments to the jury as another means of obtaining "adequate" personal injury awards.

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Book Review, William K. Gardner Jan 1962

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing Howard L. Oleck, Cases on Damages, Bobbs-Merrill Co., 1962

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Recent Heart Injury Awards, James A. Thomas Jan 1962

Recent Heart Injury Awards, James A. Thomas

Cleveland State Law Review

This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.

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Workermen's Compensation-Third-Party Actions-Employer's Recovery On An Implied Warranty, Philip Sotiroff Jan 1962

Workermen's Compensation-Third-Party Actions-Employer's Recovery On An Implied Warranty, Philip Sotiroff

Michigan Law Review

Plaintiff seeks to recover the amount of a workmen's compensation award paid to his employee as a result of injuries received when an exhaust valve malfunctioned causing a press which the employee was operating to double-trip. Defendant, an independent parts supplier who had sold plaintiff the valve, moved to dismiss the complaint because of insufficiency of evidence to sustain the verdict and plaintiff's legal incapacity to sue. On appeal from an order denying the motion to dismiss, held, affirmed, one judge dissenting. Plaintiff has two independent causes of action, one against the manufacturer on an assigned negligence theory, and …

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Exemplary Damages And Joint Tortfeasors The Sep 1961

Exemplary Damages And Joint Tortfeasors The

Washington and Lee Law Review

No abstract provided.

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Measure Of Damages For Wrongful Death Of A Minor Child Sep 1961

Measure Of Damages For Wrongful Death Of A Minor Child

Washington and Lee Law Review

No abstract provided.

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Injunctive Relief For Breach Of A No-Strike Clause Sep 1961

Injunctive Relief For Breach Of A No-Strike Clause

Washington and Lee Law Review

No abstract provided.

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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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Tingle: The Stockholder's Remedy Of Corporate Dissolution, Hugh L. Sowards Apr 1961

Tingle: The Stockholder's Remedy Of Corporate Dissolution, Hugh L. Sowards

Michigan Law Review

A Review of The Stockholder's Remedy of Corporate Dissolution. By James O'Malley Tingle

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Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed. Apr 1961

Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.

Michigan Law Review

The question of what remedies are available to a stockholder whose corporation has been injured or is threatened with injury by acts violative of the federal antitrust laws is largely unexplored. The staggering fines suffered by a number of corporations in the recent electrical industry criminal antitrust convictions demonstrate, however, that the question is both timely and important. Moreover, its answer could have a great impact both upon the means of protecting corporate minority rights and upon the means of private enforcement of the federal antitrust laws. The stockholders' derivative suit affords two remedies which deal with these two points …

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Associations-Expulsion, Suspension, Or Exclusion Of Members-Physician's Right To Membership In County Medical Society, David K. Kroll Mar 1961

Associations-Expulsion, Suspension, Or Exclusion Of Members-Physician's Right To Membership In County Medical Society, David K. Kroll

Michigan Law Review

Plaintiff had satisfied all state requirements for the practice of medicine on the basis of work at an osteopathic college and residency at an osteopathic hospital, and had received a state license to practice medicine and surgery. Subsequently, plaintiff attended an AMA accredited medical college which awarded him a degree based in part on his osteopathic training. The Middlesex County Medical Society refused to admit plaintiff into active membership because he had not fulfilled the membership requirement of four years of study in a medical school approved by the AMA. As a result, two private hospitals terminated plaintiff's staff membership …

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Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff Feb 1961

Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff

Michigan Law Review

Whether judicial remedy of the situation will be adequate or whether legislative change is necessary to remedy the situation presents another problem; but the need for remedy seems clear. The purpose of this comment is to discuss these pitfalls and to indicate present judicial trends regarding these problems. Proposed remedies, both legislative and judicial, will be listed and evaluated where possible.

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Recent Hearing Damage Awards, Denis M. Burgoon Jan 1961

Recent Hearing Damage Awards, Denis M. Burgoon

Cleveland State Law Review

Acoustic trauma and direct injury to the mechanism of hearing are the compensable personal injuries delineated here. As hearing loss has, in all but a few cases, been a minor part of the injury sustained, it is not possible to determine the value of loss of hearing alone. It would appear that partial loss of hearing, either permanent or temporary, is not considered very disabling. $56,000 seems to be the highest award for total loss of hearing with no other injury reported, while $3,500 is the lowest award found for partial loss of hearing. As the cases generally involve various …

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Recent Back Damage Awards, Carl H. Miller Jan 1961

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 …

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Recent Spine Damage Awards, Sheldon E. Baskin Jan 1961

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.

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Recent Arm And Hand Damage Awards, Robert M. Hisnay Jan 1961

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.

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Recent Leg Damage Awards, Doris Hauth Jan 1961

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.

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Recent Burn Damage Awards, Frederick F. Waugh Jan 1961

Recent Burn Damage Awards, Frederick F. Waugh

Cleveland State Law Review

In ascertaining damages for thermal injuries, the usual elements present in other types of personal injuries must be considered, such as loss of wages, medical expenses, pain and suffering, loss of future earnings, loss of consortium, etc. Presentation of the evidence to the jury is a paramount factor, which can make every difference in the award granted. Photographs, expert testimony, and the display of the evidence on the victim's body, such as scars, discolorations, lesions and physical impairment, can be used in a dramatic manner.

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Recent Whiplash Damage Awards, Esther Weissman Jan 1961

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.

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Death Damages And Conflicts Of Laws, Marvin D. Silver Jan 1961

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 …

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Recent Head Damage Awards, Eileen Kelley Jan 1961

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.

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Recent Eye Damage Awards, Margaret Mazza Jan 1961

Recent Eye Damage Awards, Margaret Mazza

Cleveland State Law Review

Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.

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Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley Jan 1961

Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley

Cleveland State Law Review

Generally where one has been injured by another's wrongful conduct he is required to exercise ordinary care and reasonable prudence to seek medical treatment so as to minimize the defendant's damages. Failure to do so may diminish the amount of damages the injured person may recover. This is a fundamental principle of the law of damages, and not of tort.

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Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed. Jan 1961

Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.

Michigan Law Review

Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …

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