Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims,
2014
Fordham University School of Law
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Fordham Law Review
Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on …
A Rare Case Of Conspiracy By Lawful Means,
2014
Singapore Management University
A Rare Case Of Conspiracy By Lawful Means, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Conspiracy by lawful means is a well-known anomaly in the law of torts. The anomaly lies in the fact that the tort imposes liability on two or more persons acting in concert to pursue a course of conduct that is otherwise lawful when committed by a sole actor. Of course, it is a critical element of the tort that the conspirators must have acted with the predominant intention to cause harm to the victim, but it is well settled that malicious intent is not, by itself, a sufficient basis for founding liability. It would thus seem that it is the …
Brief For Respondent. United States V. Wong, 134 S.Ct. 2873 (2014) (No. 13-1074), 2014 Wl 5804278,
2014
University of Washington School of Law
Brief For Respondent. United States V. Wong, 134 S.Ct. 2873 (2014) (No. 13-1074), 2014 Wl 5804278, Eric Schnapper, Tom Steenson, Beth Creighton, Michael Rose
Court Briefs
QUESTIONS PRESENTED
1. Is the six-month limit on filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), jurisdictional?
2. If the six-month limit for filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), is not jurisdictional, is it subject to equitable tolling?
Reforming The Consumer Class Action,
2014
University of Georgia School of Law
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch was part of a panel on Reforming the Consumer Class Action. This was part of a conference entitled: The Future of Class Action Litigation: A View From the Consumer Class that took place at the New York University School of Law on November 7, 2014
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins,
2014
Fordham University School of Law
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold,
2014
Villanova University Charles Widger School of Law
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold, Nicholas Karwacki
Villanova Law Review (1956 - )
No abstract provided.
To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper,
2014
University of Florida Levin College of Law
To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. Dimatteo
Florida Law Review
In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District of California, claiming that they violated the Privacy Act by disclosing his medical records to one another without his consent. Alleging that the unlawful disclosure of his condition caused him severe emotional distress, Cooper sought monetary relief under the Privacy Act’s civil remedies provision, which establishes a cause of action against the government for “actual damages.” The dispositive …
Small Claims, Big Recovery: Proposals For Settlement In Florida’S Small Claims Courts Post-Nichols,
2014
University of Florida Levin College of Law
Small Claims, Big Recovery: Proposals For Settlement In Florida’S Small Claims Courts Post-Nichols, Laura M. Beard
Florida Law Review
After a debilitating car accident left Shannon Nichols injured and saddled with nearly $10,000 in medical bills, she sought only one thing—a road to recovery. Instead, Nichols faced a harrowing reality—after turning down a proposal for settlement from her insurer and losing at trial, not only did Nichols fail to receive reimbursement for her medical expenses, but she also was forced to pay her insurer’s attorneys’ fees and costs, an amount totaling over $23,000.
Can A Professional Limit Liability Contractually Under Florida Law?,
2014
University of Florida Levin College of Law
Can A Professional Limit Liability Contractually Under Florida Law?, John Terwilleger
Florida Law Review
Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such as engineers and architects. While Florida has historically enforced limitation of liability clauses in professional services contracts, recent cases have cast doubt on whether the clauses are enforceable. If the Florida Supreme Court establishes that professionals cannot rely upon these clauses, it will be taking a position contrary to the majority of states, including New York, …
The Recognition And Enforcement Of Punitive Damage Awards In Germany: Recent Developments,
2014
University of Tubingen
The Recognition And Enforcement Of Punitive Damage Awards In Germany: Recent Developments, Andre R. Fiebig
Georgia Journal of International & Comparative Law
No abstract provided.
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd,
2014
University of Georgia School of Law
Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee
Georgia Journal of International & Comparative Law
No abstract provided.
Carriage Of Hazardous Cargoes By Sea - The Hns Convention,
2014
Abo Akedemi University, Finland
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Port State Control: Strong Medicine To Cure A Sick Industry,
2014
University of Cape Town
Port State Control: Strong Medicine To Cure A Sick Industry, John Hare
Georgia Journal of International & Comparative Law
No abstract provided.
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd.,
2014
University of Georgia School of Law
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum
Georgia Journal of International & Comparative Law
No abstract provided.
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty,
2014
University of Georgia School of Law
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster
Georgia Journal of International & Comparative Law
No abstract provided.
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud,
2014
Seattle University School of Law
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Seattle University Law Review
Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …
Fantasy Sports And The Right Of Publicity Are Under Further Review,
2014
Touro University Jacob D. Fuchsberg Law Center
Fantasy Sports And The Right Of Publicity Are Under Further Review, Christopher Miner
Touro Law Review
No abstract provided.
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal,
2014
University of Georgia School of Law
The International Air Transportation Association's Attempt To Modify International Air Disaster Liability: An Admirable Effort With An Impossible Goal, Jonathan L. Neville
Georgia Journal of International & Comparative Law
No abstract provided.
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods,
2014
University of Georgia School of Law
"Mad Plaintiff Disease?" Tobacco Litigation And The British Debate Over Adoption Of U.S.-Style Tort Litigation Methods, Kristen Gartman Rogers
Georgia Journal of International & Comparative Law
No abstract provided.
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations,
2014
University of Georgia School of Law
Adjudication Of International Human Rights Claims In The European Court Of Human Rights And The Inter-American Court Of Human Rights: Why Atca Suits In U.S. Courts Are The Better Alternative For Claims Against American Multinational Corporations, Jenny N. Bounngaseng
Georgia Journal of International & Comparative Law
No abstract provided.
