Torts Commons^™

Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright

Buffalo Law Review

No abstract provided.

Making Lawyers Compete, Lester Brickman

Articles

The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.

The Puzzle Of Comment J, David G. Owen

Faculty Publications

No abstract provided.

Solving The Punitive Damage Mismatch, Ari Behar

ExpressO

There are several reasons underlying the system of punitive damages. Application of these reasons to cases yields differing results. The reasons fall into two categories: those that support awarding additional damages to the plaintiff and those that support extracting more damages from the defendant. When the reasons in favor of extraction exceed those in favor of award, the award should be split between the plaintiff and a fund. This fund should be used to supplement awards when the reasons favoring award exceed those favoring extraction.

Summary Of Olson V. Aztech Plastering Co., 120 Nev. Adv. Op. 28, Angela Morrison

Nevada Supreme Court Summaries

This case was an appeal from an order denying a new trial on a construction defects case brought under Chapter 40 of Nevada Revised Statutes. The district court held that under Calloway v. City of Reno,2 a plaintiff cannot bring a negligence action for economic loss arising from a construction defects claim.

Summary Of Bronneke V. Rutherford, Ronda Heilig

Nevada Supreme Court Summaries

No abstract provided.

Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller

Michigan Law Review

Health care in America is an expensive, complicated, inefficient, tangled mess - everybody says so. Patients decry its complexity, health care executives bemoan its lack of coherence, physicians plead for universal coverage to simplify their lives so they can just get on with taking care of patients, and everyone complains about health care costs. The best health care in the world is theoretically available here, but we deliver and pay for it in some of the world's worst ways. Occam's razor ("Among competing hypotheses, favor the simplest one") is of little help here. There are no simple hypotheses - everything …

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer

San Diego International Law Journal

This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …

Institutional Reckless Disregard For Truth In Public Defamation Actions Against The Press, Randall P. Bezanson

ExpressO

Since its beginning, the actual malice test first announced in 1964 in New York Times v. Sullivan, has suffered from problems that are increasingly traceable to the changing face of journalism. Its demand that the mind of the reporter be proved "with convincing clarity" has adverse consequences for plaintiffs and news organizations alike. End runs around the subjective state of mind inquiry by plaintiffs have become more common. And the actual malice test's predictability, its capacity as a standard of liability to yield consistent and coherent results across a body of cases, remains a hollow promise. As Robert Sack famously …

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts

ExpressO

No abstract provided.

Hubbard V. Greeson: Indiana's Misapplication Of The Tort Sections Of The Restatement (Second) Of Conflict Of Laws, David A. Moore

Indiana Law Journal

No abstract provided.

Qualified Immunity After Hope V. Pelzer: Is "Clearly Established" Any More Clear?, Leah Chavis

University of Arkansas at Little Rock Law Review

No abstract provided.

Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney

Faculty Scholarship

This article serves as a practical guide to legal malpractice insurance. Part I introduces the topic of legal malpractice insurance with a brief overview of the changes that occurred in market conditions in 2000 and the subsequent effect on insurance premiums and coverage. Part II outlines the different types of insurance coverage that are available to legal professionals by describing common policy terms, exclusions, and conditions that affect coverage. Part III describes changes in law firms that may affect coverage. Part IV provides legal professionals with useful advice to consider when choosing an insurance policy. Part V reveals important factors …

The Poor State Of Health Care Quality In The U.S.: Is Malpractice Liability Part Of The Problem Or Part Of The Solution?, Charles Silver

ExpressO

The belief that malpractice lawsuits impede efforts to improve health care quality by encouraging providers to hide mistakes is the conventional wisdom among patient safety advocates and scholars. It also provides the normative basis for efforts currently proceeding at the state and federal levels to curtail medical malpractice exposure. Groups pressing for tort reform, including the American Medical Association, contend that when doctors and other providers are insulated from liability, patients will be better protected from harm.

This article canvasses the evidence bearing on the connection between malpractice exposure and health care quality. Some of this evidence, such as the …

Predatory Systems Rivalry And Predatory Aftermarket Conduct, Richard S. Markovits

ExpressO

No abstract provided.

Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre

ExpressO

This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

Ettinger Estate V. Jewish Quarter Company, Eliezer Rivlin, Aharon Barak, Theodor Or, Eliahu Mazza, Dalia Dorner

Translated Opinions

Facts: The late Michael Ettinger died after falling into an unfenced pit at an archaeological site located near a playground in the Old City of Jerusalem. He was twelve years old. The appellants, his estate and family, sued the respondents for compensation in the District Court. The main issue considered in the Supreme Court on appeal was whether the estate was entitled to compensation for loss of the deceased’s earning capacity in the ‘lost years’ — the years of working life that the deceased lost because he died as a result of the respondents’ negligence. This issue had been considered …

Wiretapping's Fruits, The First Amendment, And The Paradigms Of Privacy, Bernard W. Bell

Rutgers Law School (Newark) Faculty Papers

No abstract provided.

Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols

The University of New Hampshire Law Review

[Excerpt] “Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits. First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be considered …

Whoa, Slow Down! Applying The Constitutional Brakes To Accelerated Punitive Damages Awards, J. Kaz Espy

Mercer Law Review

In State Farm Mutual Automobile Insurance Co. v. Campbell, the United States Supreme Court held that a $145 million punitive damages award violates the Due Process Clause of the Fourteenth Amendment when compensatory damages are merely $1 million. This decision was neither the first of its kind, nor unexpected, considering the Court's trend in recent years. Nonetheless, the Court has not always been so aggressive in its application of the Due Process Clause to punitive damages awards.

Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Law As Spontaneous Order, Nita Ghei, Francesco Parisi

Cardozo Law Review

No abstract provided.

"The Insiders" For Gambling Lawsuits: Are The Games "Fair" And Will Casinos And Gambling Facilities Be Easy Targets For Blueprints For Rico And Other Causes Of Action?, John Warren Kindt

Mercer Law Review

As the insider Jeffrey Wigand came forward to rattle the U.S. tobacco industry, insiders within the U.S. and Australian gambling establishments began to go public as the twenty-first century began. By 2002 government officials, scholars, and social activists who were experts on the gambling industry believed that some of the next big industry lawsuits would be targeted at gambling facilities. Gambling opponents argued that casinos and gambling facilities fueled gambling addiction and pursued players who had gambling addiction problems, even after those players complained to the gambling facility and asked to be banned. Casino owners maintained that their industry was …

The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins

Nevada Law Journal

No abstract provided.

Beyond "Unlimiting" Shareholder Liability: Vicarious Tort Liability For Corporate Officers, Timothy P. Glynn

Vanderbilt Law Review

Debate continues to rage over limited shareholder liability and the social costs it imposes.' While proposals flourish for imposing liability on shareholders to reduce these costs, little attention has been devoted to a more promising solution: vicarious tort liability for high- ranking corporate officers. Limited shareholder liability produces benefits, but it also inflicts costs, including encouraging excessively risky corporate activity. These costs are most pronounced in the tort context because potential tort victims rarely can protect themselves by monitoring corporate activities or bargaining with corporate actors. Commentators disagree on limited shareholder liability's net impact on social utility and what, if …

Economic Analysis In A Unified Conception Of Tort Law, Mark Geistfeld

ExpressO

The controversy regarding the appropriate purpose of tort law continues to rage. Some advocate that tort rules should minimize accident costs as an instrument for maximizing social welfare and wealth. Others argue that as a matter of corrective justice, tort rules should fairly protect the individual right to physical security. These two conceptions of tort law are fundamentally incompatible and mutually exclusive. It is a separate question whether the requirements of welfare economics are compatible with those of fairness. This article establishes the possibility of a unified conception of tort liability, one capable of fully accounting for the central tenets …

State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders

Cardozo Law Review

No abstract provided.

Causation, Responsibility, Risk, Probability, Naked Statistics, And Proof: Pruning The Bramble Bush By Clarifying The Concepts, Translated Into Italian By Federico Stella, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Discussed In Federico Stella, The Vitality Of The Covering Law Model: Considerations On Wright And Mackie, Richard W. Wright

All Faculty Scholarship

No abstract provided.