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 601 - 630 of 685

Full-Text Articles in Torts

Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller Apr 1970

Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller

Buffalo Law Review

Mendel v. Pittsburgk Plate Glass Co., 25 N.Y. 2d 340, 253 N.E.2d 207, 305 N.Y.S.2d 490 (1969).


Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad Jan 1970

Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad

Buffalo Law Review

Flanagan v. Mt. Eden Gen. Hosp., 24 N.Y.2d 427, 248 N.E.2d 871, 301 N.Y.S.2d 23 (1969).


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.


Recent Decisions Jan 1970

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.


Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr. Feb 1969

Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.

West Virginia Law Review

No abstract provided.


Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch Jan 1969

Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch

Buffalo Law Review

Young & Co. v. Shea, 397 F.2d 185 (5th Cir. 1968).


Recent Decisions Jan 1969

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.


Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler Dec 1968

Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler

West Virginia Law Review

No abstract provided.


An Evaluation Of The Rule Of Comparative Damages, Bruce D. Drucker Apr 1967

An Evaluation Of The Rule Of Comparative Damages, Bruce D. Drucker

Buffalo Law Review

No abstract provided.


Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan Jan 1967

Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan

Buffalo Law Review

Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).


Abstracts Of Recent Cases, Edward Perry Johnson Dec 1966

Abstracts Of Recent Cases, Edward Perry Johnson

West Virginia Law Review

No abstract provided.


Expanding Jurisdiction Over Foreign Torts: The 1966 Amendment Of New York's Long-Arm Statute, Adolf Homburger, Joseph Laufer Oct 1966

Expanding Jurisdiction Over Foreign Torts: The 1966 Amendment Of New York's Long-Arm Statute, Adolf Homburger, Joseph Laufer

Buffalo Law Review

No abstract provided.


The Paternity Suit In Europe, Robert Kiebala, George Naschitz Oct 1966

The Paternity Suit In Europe, Robert Kiebala, George Naschitz

Buffalo Law Review

No abstract provided.


Motions In Limine, Tom H. Davis Jan 1966

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …


Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions Mar 1965

Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions

Washington and Lee Law Review

No abstract provided.


Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin Jan 1965

Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin

Michigan Law Review

A Review of The Pretrial Conference and Effective Justice--A Controlled Test in Personal Injury Litigation by Maurice Rosenberg


Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor Jun 1964

Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor

Michigan Law Review

Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …


Abstracts Of Recent Cases, William Walter Smith Jun 1964

Abstracts Of Recent Cases, William Walter Smith

West Virginia Law Review

No abstract provided.


Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long Mar 1964

Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long

Michigan Law Review

Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …


Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski Jan 1964

Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski

Cleveland State Law Review

The ill-treated patient has sought redress for medical malpractice by actions that sound in tort, in contract, or in fraud. As with other actions, the underlying policy of "peace and repose" of all statutes of limitations dictates that these actions be timely. In Ohio, for example, the time limit for an action for malpractice is one year.


Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr. Jul 1963

Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.

Washington Law Review

No abstract provided.


Abstracts Of Recent Cases, Charles David Mcmunn Jun 1963

Abstracts Of Recent Cases, Charles David Mcmunn

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Robert William Burk Jr. Feb 1963

Abstracts Of Recent Cases, Robert William Burk Jr.

West Virginia Law Review

No abstract provided.


Discovery Of Liability Insurance Under New Rules, William Erwin Barr Jun 1962

Discovery Of Liability Insurance Under New Rules, William Erwin Barr

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Charles Henry Rudolph Jr. Jun 1962

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz Feb 1962

Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz

West Virginia Law Review

No abstract provided.


Admission Of Liability, Richard H. Burgess Jan 1961

Admission Of Liability, Richard H. Burgess

Cleveland State Law Review

There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.


Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell Jan 1959

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.