Torts Commons^™

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.

The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

This article analyzes 1,100 opinions to find the determinants of products liability cases on appeal in state and federal courts. The strongest predictor of plaintiff success on appeal is whether the plaintiff prevailed in a jury trial. Other important factors are the defendant's status as manufacturer, wholesaler, or successor corporation; the plaintiffs degree of injury; and whether the case involved a failure-to-warn claim. The existence of a comparative negligence regime increases the tendency of appellate courts to affirm lower courts. These results allow rejection of a simple model in which pre- and posttrial settlement behavior filters out cases in which …

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

The Clinton Administration And Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Governor Bill Clinton was inaugurated as the President of the United States last month. The federal courts are one area of critical significance to the nation in which the Chief Executive can play a major role in important substantive and procedural policymaking. Moreover, President Clinton, as a former law professor and Arkansas Attorney General, may be particularly interested in issues involving the federal courts.

The Clinton Administration will have to address numerous issues that implicate the federal courts throughout its tenure, but especially during the first year in office. Some of these questions, such as the abolition of diversity jurisdiction, …

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.

Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

"A bullet in the head of products liability reform." Thus did a lobbyist orally characterize our article in this law review, The Quiet Revolution in Products Liability, describing declining plaintiff success in products liability cases in the 1980s. From the coverage and criticism the Quiet Revolution received around the country and around the world, the trends we discovered struck many as surprising enough to be newsworthy and others as sufficiently threatening to warrant a special response. Products liability's sustained presence on state and federal legislative agendas warrants continuing and expanding the study begun in the Quiet Revolution.

This …

Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe

Campbell Law Review

This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …

Why Vosburg Comes First, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Jurors' Judgments Of Business Liability In Tort Cases: Implications For The Litigation Explosion, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Criticisms of the civil jury, including charges that the jury is biased against business, have been central to debates over the litigation explosion and demands for tort reform. This article seeks to inform these ongoing controversies by examining tort jurors' accounts of how they reached decisions in cases with business parties. Interviews and questionnaire data showed that jurors were skeptical of plaintiff tort cases against businesses, organized their accounts more on the actions and motivations of plaintiffs than on the responsibilities of business, and spoke often of the litigation crisis and the importance of limiting awards.

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.

Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell

Buffalo Law Review

No abstract provided.

The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg

Cornell Law Faculty Publications

Most revolutions are noisy, tumultuous affairs. This is as true of significant shifts in legal doctrine as it is of shifts of political power through force of arms. Indeed, the pro-plaintiff revolution in American products liability in the early 1960s will forever be associated with heroic, martial images, epitomized in Prosser's description of the assault upon, and fall of, the fortress citadel of privity. The same sort of terminology aptly could be used to describe the last five or ten years of legislative reform activity in the various states. Reacting to what many see as "crises" brought on by courts …

A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi

LLM Theses and Essays

Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?

The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.

Construction On The Road To Recovery: New York Limits Loss Of Enjoyment Of Life, Bonnie Sue Goodman

Touro Law Review

No abstract provided.

Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False

BYU Law Review

No abstract provided.

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.

Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown

Villanova Law Review (1956 - )

No abstract provided.

Teaching Civil Procedure With The Aid Of Actual Local Tort Litigation, Lloyd C. Anderson, Charles E. Kirkwood

Journal of Legal Education

No abstract provided.

The Propriety Of The Federal Common Law, Jeanne Proko-Elkins

Villanova Law Review (1956 - )

No abstract provided.

Fairness And Feres: A Critique Of The Presumption Of Injustice, Joan M. Bernott

Washington and Lee Law Review

No abstract provided.

The Regulation Of Entrepreneurial Litigation: Balancing Fairness And Efficiency In The Large Class Action, John C. Coffee Jr.

Faculty Scholarship

Just as war is too important to be left to generals, civil procedure – with apologies to Clemenceau – is too important to be left to proceduralists. Although it would be a serious overstatement to claim that all civil procedure scholars are confined by a tunnel vision focused only on the Federal Rules of Civil Procedure, they have as a group been reluctant to engage explicitly in incentive-based reasoning and seem particularly hesitant to reexamine what they must know to be a noble myth: namely, that the client can and should control all litigation decisions. Within an important and expanding …

The New York State Statute Of Limitations For Toxic Tort Claims: Time For A Discovery Rule, Deborah L. Christoff

In the Public Interest

No abstract provided.

Personal Jurisdiction Over Publishers In Defamation Actions: A Current Assessment, Elizabeth A. Malloy

Villanova Law Review (1956 - )

No abstract provided.

Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel

Touro Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman

Florida State University Law Review

No abstract provided.

Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King

Loyola University Chicago Law Journal

No abstract provided.