Open Access. Powered by Scholars. Published by Universities.®

Torts Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 571 - 600 of 685

Full-Text Articles in Torts

Civil Procedure - A Prior Guilty Plea Is Sufficient To Raise And Establish The Affirmative Defense Of Collateral Estoppel Even Though That Defense Is Neither Pleaded Nor Articulated And No Record Of The Prior Proceeding Is Offered Into Evidence, Susan M. Harrison Jan 1983

Civil Procedure - A Prior Guilty Plea Is Sufficient To Raise And Establish The Affirmative Defense Of Collateral Estoppel Even Though That Defense Is Neither Pleaded Nor Articulated And No Record Of The Prior Proceeding Is Offered Into Evidence, Susan M. Harrison

Villanova Law Review (1956 - )

No abstract provided.


Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth Jan 1983

Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth

Loyola University Chicago Law Journal

No abstract provided.


Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich Jan 1983

Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich

Loyola University Chicago Law Journal

No abstract provided.


A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith Jan 1983

A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith

Loyola University Chicago Law Journal

No abstract provided.


Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest Dec 1982

Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest

Washington Law Review

In Keene Corp. v. Insurance Co. of North America, the United States Court of Appeals for the District of Columbia integrated those approaches, holding that insurance coverage is triggered both by exposure to asbestos and by development and manifestation of a related disease. Each insurer covering any period during this process is liable for indemnification of the manufacturer and for defense costs. This liability is limited, however, to policy coverage, and many be reduced by the policy's other-insurance clause. The court also held that the manufacturer is not proportionately liable for the periods during which it was uninsured. Thus, the …


Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little May 1982

Utah Allows Contribution Against Cotortfeasor Despite Immunity From Direct Suit: Bishop V. Nielsen, David H. Little

BYU Law Review

No abstract provided.


News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith Mar 1982

News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith

Washington Law Review

This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court's decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication's …


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

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 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Federal Jurisdiction Of Alleged Torturer Under The Alien Tort Statute: Filartiga V. Pena-Irala 630 F.2d 876 (2d Cir. 1980), Roy R. Loya Jan 1981

Federal Jurisdiction Of Alleged Torturer Under The Alien Tort Statute: Filartiga V. Pena-Irala 630 F.2d 876 (2d Cir. 1980), Roy R. Loya

Maryland Journal of International Law

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick Jan 1980

Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick

UIC Law Review

No abstract provided.


Recent Developments In Missouri: Tort Law, William B. Anderson, Sean O'Brien Jan 1980

Recent Developments In Missouri: Tort Law, William B. Anderson, Sean O'Brien

Faculty Works

No abstract provided.


Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman Oct 1979

Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman

Florida State University Law Review

Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold Jan 1979

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


Amendments May Relate Back To Validate Service Of Process, Michael G. Gray Mar 1977

Amendments May Relate Back To Validate Service Of Process, Michael G. Gray

Mercer Law Review

Leniston v. Bonfiglio is worthy of inspection not only because of the proposition for which the case stands but also because of the manner in which the Georgia Court of Appeals chose to convey this proposition to the reader. Mrs. Alice Bonfiglio filed her complaint in the State Court of DeKalb County for $200 in damages to her automobile, allegedly precipitated by the negligence of defendant, Mrs. Leniston. Service of process was effectuated by a deputy marshal's tacking the summons to the door' of Mrs. Leniston's most notorious place of abode in DeKalb County, pursuant to C.P.A. § 4(d)(6).1 Contending …


The Time Of Discovery Rule And The Qualified Privilege Defense For Credit Reporting Agencies In Illinois After World Of Fashion V. Dun & (And) Bradstreet, Inc., 10 J. Marshall J. Of Prac. & Proc. 359 (1977), Paul Wangerin Jan 1977

The Time Of Discovery Rule And The Qualified Privilege Defense For Credit Reporting Agencies In Illinois After World Of Fashion V. Dun & (And) Bradstreet, Inc., 10 J. Marshall J. Of Prac. & Proc. 359 (1977), Paul Wangerin

UIC Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


The Class Action And Title Vii- An Overview Jan 1976

The Class Action And Title Vii- An Overview

University of Richmond Law Review

The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …


The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger Jan 1976

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

Buffalo Law Review

No abstract provided.


The Statute Of Limitations In Strict Products Liability Actions, Florence V. Dean Jan 1975

The Statute Of Limitations In Strict Products Liability Actions, Florence V. Dean

Buffalo Law Review

No abstract provided.


Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale Mar 1973

Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale

St. Mary's Law Journal

Abstract Forthcoming.


Appellate Procedures In Workmen's Compensation Cases, James D. Kendis Jan 1973

Appellate Procedures In Workmen's Compensation Cases, James D. Kendis

Cleveland State Law Review

Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …


Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein Oct 1972

Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein

Buffalo Law Review

Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).


Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens Jan 1972

Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens

Buffalo Law Review

Molino v. County of Putnam, 29 N.Y.2d 44, 272 N.E.2d 323, 323 N.Y.S.2d 817 (1971).