Torts Commons^™

The Presumption Of Due Care And The Law Of Comparative Negligence, Michael A. Pellini

Villanova Law Review (1956 - )

No abstract provided.

Hostile Environment Claims Of Sexual Harassment: The Continuing Expansion Of Sexual Harassment Law, Jill W. Henken

Villanova Law Review (1956 - )

No abstract provided.

Lovgren V. Citizens First National Bank: Illinois Recognizes The False Light Invasion Of Privacy Tort, 22 J. Marshall L. Rev. 943 (1989), F. John Steffen

UIC Law Review

No abstract provided.

Good Faith Settlement Under The Contribution Act: Do Trial Courts Have Too Much Discretion?, Louis J. Perona Honorable, Claire Perona Murphy

Loyola University Chicago Law Journal

No abstract provided.

Joint And Several Liability Minnesota Style, Michael K. Steenson

Faculty Scholarship

This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …

The Perimeters Of Liability For Negligent Misrepresentation In Maryland, Andrew C.J. Mccandless Kidd

Maryland Law Review

No abstract provided.

Subject Matrer Jurisdiction, Standing, And Citizen Suits: The Effect Of Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Inc., Scott B. Garrison

Maryland Law Review

No abstract provided.

To Be Or Not To Be: The Pennsylvania General Assembly Eliminates Wrongful Birth And Life Actions, John Lyons

Villanova Law Review (1956 - )

No abstract provided.

Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.

Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks

Articles

The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.

This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Torts: Boyle V. United Technologies Corp.: The United States Supreme Court Accepts The Government Contractor Defense, Brian Shipp

Oklahoma Law Review

No abstract provided.

The Discretionary Function Exception Of The Federal Tort Claims Act: Time For Reconsideration, Osborne M. Reynolds Jr.

Oklahoma Law Review

No abstract provided.

Torts: Oklahoma's Tool For Expanding Tort Liability: O'Toole V. Carlsbad Service Station, Eric D. Janzen

Oklahoma Law Review

No abstract provided.

A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough

Campbell Law Review

This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

UIC Law Review

No abstract provided.

Negligent Misrepresentation In Illinois: The First District Expands Its Scope Beyond Defendants In The Business Of Supplying Information, 22 J. Marshall L. Rev. 753 (1989), Richard A. Borich Jr.

UIC Law Review

No abstract provided.

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

Articles

On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …

Neoclassical Difficulties: Tort As Deterrence For Latent Injuries, Peter Siegelman, W.L.F. Felstiner

Faculty Articles and Papers

Economists often claim that the tort system leads firms to provide consumers and workers with the socially optimal level of safety. Moreover, in the case of work-related hazards, employers are alleged to have another source of incentives to take precautions. If wages are sensitive to job-related risks, employers should spend money to reduce such risks when, by doing so, they can save more in wage costs than the costs of the precautions taken. Whatever their merits in other settings, in the case of latent injuries such as workplace exposure to asbestos neither tort nor market are likely to provide an …

A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley

Journal Articles

No abstract provided.

State Constitutional Remedy Provisions And Article I, Section 10 Of The Washington State Constitution: The Possibility Of Greater Judicial Protection Of Established Tort Causes Of Action And Remedies, Janice Sue Wang

Washington Law Review

Several state courts interpret their states' constitutional remedy provisions as justifying heightened judicial scrutiny of legislative alterations in tort law. This confers greater protection of tort causes of action and remedies established at the time of the state constitution's adoption. This Comment considers whether article I, section 10 of the Washington constitution can support such an interpretation. Additionally, the author discusses the existing interpretations of other states' remedy provisions and suggests a heightened scrutiny model that best balances the interest in retaining already recognized tort remedies against the interest in fostering positive change.

Section 1983 And Constitutional Torts, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

We have long recognized that the resurrection of section 1983 converted the fourteenth amendment from a shield into a sword by providing a civil action for vindication of constitutional rights and, to the extent that damages have gradually become the authorized remedy for section 1983 violations, we have easily come to think of such actions as constitutional torts-civil damage remedies for violations of constitutionally defined rights. There is, however, a subtler and greater reality to what has transpired, for the mere procedural vehicle of constitutional enforcement has, in retrospect, changed the substance of constitutional law itself. Section 1983 has not …

Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard

Journal of Law and Health

The focus of this note will be on the statute of limitations applicable to the Ohio wrongful death statute. This statute requires that any claim for wrongful death be brought within two years of the date of death. Application of the discovery rule to the wrongful death statute would allow an action to be brought within two years of discovering that the death was the result of a wrongful act.

Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin

University of Michigan Journal of Law Reform

This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …

Damages For Emotional Distress In Fraud Litigation: Dignitary Torts In A Commercial Society, Andrew L. Merritt

Vanderbilt Law Review

One of the most dynamic developments in modern tort law has been the increased focus on damages for emotional distress. During the past few decades courts have fashioned several new tort theories to allow recovery of emotional distress damages as independent causes of action. At the same time, lobbyists and legislators have attacked these damages for contributing to "runaway" jury verdicts. As a result of these attacks, a growing number of states are enacting statutes that limit recovery of emotional distress damages in traditional tort are as such as medical malpractice. Thus, damages for emotional distress are at a crossroads …

United States V. Johnson: Expansion Of The Feres Doctrine To Include Servicemembers' Ftca Suits Against Civilian Government Employees, Anne R. Riley

Vanderbilt Law Review

The United States Government traditionally has enjoyed sovereign immunity from tort liability. In 1946, however, Congress waived this immunity by enacting the Federal Tort Claims Act (FTCA). The FTCA gives federal district courts original jurisdiction over any claims for personal injury or death caused by the negligence of any governmental employee." This broad waiver of immunity, however, is subject to certain exceptions. Although Congress made no explicit exception for noncombat claims of service members, the Supreme Court of the United States in Feres v. United States' construed the FTCA as creating an exception that bars all claims for injuries to …

Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells

Scholarly Works

Professor Elliott begins his Article by proclaiming that “a fundamental revolution has reshaped the intellectual underpinnings of tort law.”

Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin

Journal of Law and Health

This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.

Recovery Of Limited Damages In Wrongful Pregnancy Action: Johnson V. University Hospitals Of Cleveland, Liza F. Cohen

Journal of Law and Health

The birth of a healthy, normal child in American society is generally considered a "blessed event." This is not always so when the pregnancy is unwanted or unplanned. Joy is not always followed by the birth of a child whose mother's pregnancy resulted from a failed sterilization or a failed abortion because of a physician's negligent act. The abortion or sterilization may have been sought because of the fear that a pregnancy would result in a child who might threaten the mother's physical wellbeing or would put a financial strain on the family. Such negligence on the part of a …

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.