Torts Commons^™

The Ftca, Veterans, And Future Medical Expenses, R. J. Pinto

San Diego Law Review

In this comment the author aims to expose the jurisprudential flaws in a particular area of the law and advocate, as his prescription a refocused jurisprudence. Part II describes how courts have historically come to the conclusion that veterans suing under the FTCA should be awarded future medical expenses despite their entitlement to VA medical care. Part III address a threshold issue: the extent to which courts using this framework have overcompensated veterans. Part IV addresses why overcompensating veterans under the FTCA matters on a policy level. Part V exposes the problems with the court's jurisprudence and provides a solution …

Summary Of Pack V. Latourette, 128 Nev. Adv. Op. No. 25, Matthew Vantusko

Nevada Supreme Court Summaries

Appeal from an action that was dismissed on statute of limitation grounds with prejudice. The Court addressed whether dismissal is proper in the absence of a preexisting relationship for a claim of equitable indemnity; whether contribution can be sought from a party who has not yet paid toward a judgment; and whether an expert affidavit is required for claims seeking contribution for medical malpractice.

Summary Of Winn V. Sunrise Hospital And Medical Center, 128 Nev. Adv. Op. 23, Travis Akin

Nevada Supreme Court Summaries

Appeal from a district court summary judgment in a medical malpractice action based on the statute of limitations under NRS 41A.097.

Hammer V. Amit, Eliezer Rivlin, Dorit Beinisch, Asher Grunis, Miriam Naor, Edna Arbel, Salim Joubran, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

This opinion is a result of cases joined together in order for the Court to resolve the general questions regarding the cause of action known as “wrongful birth”. This issue arises when a person born with a congenital disability claims that careful conduct by petitions – usually medical professionals who treated the pregnant mother – would have entirely prevented that person’s birth. Two distinct …

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Buffalo Law Review

No abstract provided.

Mass Torts And Due Process, Sergio J. Campos

Vanderbilt Law Review

As the old saying goes, hard cases make bad law. But hard cases also reveal the limits of legal doctrine. In this Article, I turn to a class of hard cases--mass torts--to rethink the law of procedural due process under the Due Process Clause. Mass torts have long perplexed courts and scholars. They include torts caused by asbestos and other toxic chemicals, pharmaceuticals, oil spills, and other mass-produced products and services. The plaintiffs not only suffer significant injuries, but the sheer number of plaintiffs, each with claims that raise unique fact and legal issues, stretch judicial resources to the limit. …

Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner

Pepperdine Law Review

No abstract provided.

"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts

Pepperdine Law Review

No abstract provided.

Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson

Pepperdine Law Review

The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …

State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess

Pepperdine Law Review

No abstract provided.

Addressing The "Elephantine Mass" Of Asbestos Cases: Consolidation Versus Inactive Dockets (Pleural Registries) And Case Management Plans That Defer Claims Filed By The Non-Sick, Victor E. Schwartz, Mark A, Behrens, Rochelle M. Tedesco

Pepperdine Law Review

No abstract provided.

Merging Roles: Mass Tort Lawyers As Agents And Trustees, Charles Silver

Pepperdine Law Review

No abstract provided.

The Cumulative Sources Of The Asbestos Litigation Phenomenon, George L. Priest

Pepperdine Law Review

No abstract provided.

Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr

Pepperdine Law Review

Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …

Legislative Attempts To Address Asbestos Litigation, Steven Kazan

Pepperdine Law Review

No abstract provided.

Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern

Pepperdine Law Review

No abstract provided.

Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton

Pepperdine Law Review

No abstract provided.

Judicial Efficiency In Asbestos Litigation, Alfred Chiantelli

Pepperdine Law Review

No abstract provided.

On The Theory Class's Theories Of Asbestos Litigation: The Disconnect Between Scholarship And Reality?, Lester Brickman

Pepperdine Law Review

More than 100,000 new asbestos claims were filed in 2003, the most ever in one year. Asbestos litigation thus continues to thrive even though 80-90% of claimants have no illness recognized by medical science, let alone suffer any lung impairment. To explain how this disconnect between medical science and tort litigation has come about, I cover the following subjects: 1) medical consequences of exposure to asbestos-containing materials; 2) the phenomenon of the unimpaired claimant; 3) medical evidence with regard to the incidence of asbestosis; 4) the effect on asbestos litigation of the failure of the Manville Trust audit to be …

Alternatives To Asbestos Impairment Standards, Alan Brayton

Pepperdine Law Review

No abstract provided.