Litigation Commons^™

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.

Foreward, Mel R. Jiganti Honorable

Loyola University Chicago Law Journal

No abstract provided.

Prejudgment Interest: Implementing Its Compensatory Purpose, Michael J. Martin

Loyola University Chicago Law Journal

No abstract provided.

Froud V. Celotex Corp.: Rebirth Of An Adage, 17 J. Marshall L. Rev. 781 (1984), Thomas F. Londrigan

UIC Law Review

No abstract provided.

Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram

UIC Law Review

No abstract provided.

Punitive Damages In Mass Tort Cases: Recovery On Behalf Of A Class, Kevin M. Forde

Loyola University Chicago Law Journal

No abstract provided.

Bystander Recovery In Illinois For The Negligent Infliction Of Emotional Distress:Rickey V. Chicago Transit Authority, Hilda C. Contreras

Loyola University Chicago Law Journal

No abstract provided.

An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor

Vanderbilt Law Review

This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …

Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton

Seattle University Law Review

This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …

Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski

Faculty Scholarship

No abstract provided.

Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review

Michigan Law Review

This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …

Lawsuit, Michigan Law Review

Michigan Law Review

A Review of Lawsuit by Stuart M. Speiser

Litigation Implications Of The Chicago O'Hara Airport Crash Of American Airlines Flight 191, 15 J. Marshall L. Rev. 273 (1982), John J. Kennelly

UIC Law Review

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck

Washington Law Review

The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.

The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck

Washington Law Review

The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.

Products Liability, Whitmore Gray

Book Chapters

The choice of "product liability" as a topic for the Tenth International Congress of Comparative Law was most appropriate. At the present time the legal periodicals are full of articles on this topic, the courts (not only in the United States) are handling an increasing load of these cases, the First World Congress on Product Liability has been held (London, 1977), and unification and harmonization work is already well advanced.

At the time of the First International Comparative Law Congress in 1934 it would have been hard to predict the development of this area of the law out of the …

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

Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy

Seattle University Law Review

The current interest in statutory reform of product liability law presents a unique opportunity for the Washington Legislature to make some principled decisions in furtherance of the policies behind product liability law. The legislature, in deciding the future direction of product liability law in Washington, must look beyond polarized interests to policy considerations for guidance.

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …

Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard

Indiana Law Journal

No abstract provided.

Effect Of Representation On A Claimant's Success Rate -- Three Study Designs, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

Articles

A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

Some Comments On The Litigation Explosion, John W. Wade

Vanderbilt Law Review

My comment must start with a strong commendation of Attorney General Bell for recognizing the crisis created by the current "litigation explosion" in our courts and for providing leadership in seeking means for alleviating and perhaps even solving it. I am sure that the Justice Department's new Section on Improvement in the Administration of Justice will prove invaluable, both as an originator and a clearinghouse for compiling and evaluating new ideas and as a means for putting them into effect. Dan Meador makes an ideal selection as assistant attorney general to head it. I also must commend the Justice Department …

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' …

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz

University of Michigan Journal of Law Reform

This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.