Torts Commons^™

Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel

University of Cincinnati Law Review

No abstract provided.

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...

Strict Liability And Sick Building Syndrome: Defining A Building As A Product Under Restatement (Second) Of Torts, Section 402a, David Reisman

Journal of Natural Resources & Environmental Law

No abstract provided.

Climate Torts: It’S A Conspiracy!, Joseph Manning

Boston College Law Review

As public concern about climate change grows, so does frustration with the federal government’s inability to develop a strategy for reducing greenhouse gas emission. Consequently, in the past decade, multiple states and municipalities have filed lawsuits seeking to address climate change through common law claims, such as public nuisance. Courts, however, dismissed many of these suits because the Supreme Court held in 2011, in American Electric Power Company v. Connecticut, that the Clean Air Act governs greenhouse gas emissions and therefore displaces the common law as a cause of action. Despite this unfavorable precedent, the past three years produced ...

Sara's Offspring: Some First Principles For Superfund Reform In The 1990s, Robert F. Blomquist

Journal of Natural Resources & Environmental Law

No abstract provided.

How To Save The National Priorities List From The D.C. Circuit--And Itself, John S. Applegate

Journal of Natural Resources & Environmental Law

No abstract provided.

After 3550 Stevens Creek Associates V. Barclays Bank: Will Response Costs For Asbestos Removal Be Permitted Under Cercla?, Jennifer G. Marwitz

Journal of Natural Resources & Environmental Law

No abstract provided.

The Challenge Of Latent Physical Effects Of Toxic Substances: The Next Step In The Evolution Of Toxic Torts, Kathleen A. O'Nan

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Nuisance Statute, John S. Palmore

Journal of Natural Resources & Environmental Law

No abstract provided.

The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure

Cleveland State Law Review

This Article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this Article, we offer a narrative discussion of key variables, and we detail the results of our logistic regression analysis. The most salient predictive variable ...

Who Will Be Liable For Medical Malpractice In The Future? How The Use Of Artificial Intelligence In Medicine Will Shape Medical Tort Law, Scott J. Schweikart

Minnesota Journal of Law, Science & Technology

No abstract provided.

Incentivized Torts: An Empirical Analysis, J. Shahar Dillbary, Cherie Metcalf, Brock Stoddard

Northwestern University Law Review

Courts and scholars assume that group causation theories deter wrongdoers. This Article empirically tests, and rejects, this assumption, using a series of incentivized laboratory experiments. Contrary to common belief and theory, data from over 200 subjects show that group liability can encourage tortious behavior and incentivize individuals to act with as many tortfeasors as possible. We find that subjects can be just as likely to commit a tort under a liability regime as they would be when facing no tort liability. Group liability can also incentivize a tort by making subjects perceive it as fairer to victims and society. These ...

Chain, Chain, Chain—Chain Of (Pharma) Fools: Why Third Party Payors Maintain The Proximate Causal Chain Under Rico § 1964(C), Sarah M. Kelley

Boston College Law Review

On December 3, 2019, the U.S. Court of Appeals for the Ninth Circuit in Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharmaceuticals Co. held that Third Party Payors (TPPs) may satisfy proximate causation in civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies where they claim that, but for the pharmaceutical company’s failure to indicate a drug’s cancer-causing risk, they would not have incurred expenditures for the drug. In doing so, the Ninth Circuit joined the U.S. Courts of Appeals for the First and Third Circuits and split from ...

Directional Drilling, Subsurface Trespass, And Conversion, John D. Mckinnis

Journal of Natural Resources & Environmental Law

No abstract provided.

The Measure Of Damages For Mineral Trespass--A Kentucky Perspective, Kelly Mark Easton

Journal of Natural Resources & Environmental Law

No abstract provided.

Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert

Pepperdine Law Review

This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse. The Article uses the 2020 federal court rulings in McDougal v. Fox News Network, LLC and Herring Networks, Inc. v. Maddow as analytical springboards to address this problem. In both cases, judges dismissed defamation claims stemming from comments made by well-known talk-show hosts—Fox News’s Tucker Carlson in McDougal and MSNBC’s Rachel Maddow in Herring Networks—on the ground that their remarks would not be understood by viewers as factual assertions ...