Product Liability,
2011
Mercer University School of Law
Product Liability, Franklin P. Brannen Jr., Jacob E. Daly
Mercer Law Review
This Article surveys developments in Georgia product liability law between June 1, 2010 and May 31, 2011. It covers noteworthy cases decided during this period by the Georgia appellate courts, the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.
Torts,
2011
Mercer University School of Law
Torts, Phillip Comer Griffeth, Cash V. Morris
Mercer Law Review
This Article surveys recent developments in Georgia tort law between June 1, 2010 and May 31, 2011.
A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil,
2011
Chicago-Kent College of Law
A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas
Chicago-Kent Law Review
This paper aims to demonstrate how medical malpractice litigation is developing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most important issues being discussed today in Brazilian courts, regarding autonomy, consent, choice, the definition of moral damages, and the influence of the Consumer's Defense Code in litigation regarding health law.
Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China,
2011
Chicago-Kent College of Law
Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China, Zhu Wang, Ken Oliphant
Chicago-Kent Law Review
This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal system of administrative liability in 1987, its refinement in 2002, and the broadly contemporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liability Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the …
Malpractice In Scandinavia,
2011
Chicago-Kent College of Law
Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz
Chicago-Kent Law Review
The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …
Blindsight: How We See Disabilities In Tort Litigation,
2011
University of Washington School of Law
Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller
Washington Law Review
Tort litigation operates with a distorted perspective of disability. It suffers from blindsight; it does not see people with disabilities the way they see themselves. Disability advocates emphasize that most people with disabilities lead happy lives. Deeply rooted biases, however, make it difficult for this perspective to be recognized. Tort litigation’s heavy emphasis on medical testimony and its repeated portrayal of plaintiffs as “less than whole” over-emphasize the physical aspects of disability and unfairly depict people with disabilities as tragic. When legal actors embrace these views, they reinforce harmful stereotypes outside the courthouse doors. Newly disabled plaintiffs are also likely …
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards,
2011
Cornell Law School
To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna
Cornell Law Faculty Publications
This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.
Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74,
2011
Nevada Law Journal
Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74, Cameron Daw
Nevada Supreme Court Summaries
An appeal from a district’s grant of court summary judgment in a wrongful death action involving a pharmacist’s duty of care.
Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76,
2011
Nevada Law Journal
Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76, Colin Seale
Nevada Supreme Court Summaries
The Court considered a plaintiff’s appeal of a district court’s granting of summary judgment for in a wrongful death action.
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place,
2011
University of Richmond School of Law
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
University of Richmond Law Review
No abstract provided.
Notes On Borrowing And Convergence,
2011
American University, Washington College of Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Summary Of Cervantes V. Health Plan Of Nev., Inc. Et Al., 127 Nev. Adv. Op. 70,
2011
Nevada Law Journal
Summary Of Cervantes V. Health Plan Of Nev., Inc. Et Al., 127 Nev. Adv. Op. 70, Kelli M. Devaney
Nevada Supreme Court Summaries
An appeal of the Eighth Judicial District Court’s grant of summary judgment in a tort action.
What Is Wrong About Wrongdoing,
2011
Benjamin N. Cardozo School of Law
What Is Wrong About Wrongdoing, Anthony J. Sebok
Articles
This short article, which was prepared for a conference on civil recourse theory at Florida State University School of Law, asks whether Blackstone’s rejection of maintenance is inconsistent with the theoretical commitments of modern civil recourse theory. Blackstone strongly believed that third parties should not help victims of wrongdoing discover that they have been wronged, this article asks whether modern civil recourse theory is committed to the position (now in retreat throughout common law nations) that third parties who help strangers’ lawsuits are acting against the public interest (or, as Blackstone put it, are “pests of society . . . …
Splitting The Baby: Standardizing Issue Class Certification,
2011
Vanderbilt University Law School
Splitting The Baby: Standardizing Issue Class Certification, Jenna G. Farleigh
Vanderbilt Law Review
The Bible depicts King Solomon resolving a dispute between two women who claimed to be the mother of the same child. In the pursuit of justice, King Solomon threatened to do the unthinkable- slice the child in two. Although severing children is not a recommended vehicle for justice, severing lawsuits is. In fact, in the class-action context, the "issue class" established by Federal Rule of Civil Procedure 23(c)(4) does just what King Solomon threatened-it severs litigation into pieces, allowing aggregate treatment of only certain issues in a given lawsuit. Residual issues are left to be determined in plaintiff-specific, follow-on suits. …
Interpreting Tort Law,
2011
Cornell Law School
Interpreting Tort Law, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials,
2011
William & Mary Law School
Tort, Not Contract: An Argument For Reevaluating The Economic Loss Rule And Classifying Building Damage As "Other Property" When It Is Caused By Defective Construction Materials, J. Brandon Sieg
William & Mary Law Review
No abstract provided.
"Academic Concerns"-Caring About Conversation In
Canadian Common Law,
2011
McGill University
"Academic Concerns"-Caring About Conversation In Canadian Common Law, Karen Crawley, Shauna Van Praagh
Dalhousie Law Journal
The Supreme Court of Canada, in its 2001 decision in Cooper v Hobart, refined the test in Canadian common law for establishing a duty of care in the tort of negligence. Although aware of the complexities and ongoing challenges of the "duty of care" concept, the Supreme Court openly labelled these concerns as "academic." This article confirms these concerns as "academic," but insists that this label underlines their centrality not only to an understanding of the tort of negligence but to the nature and form of common law reasoning. By pointing to errors in the Supreme Court of Canada's judgment-errors …
The Business Of Torture: The Domestic Liability Of Private Airlines In The U.S. Extraordinary Rendition Program,
2011
University of Miami Law School
The Business Of Torture: The Domestic Liability Of Private Airlines In The U.S. Extraordinary Rendition Program, Kate Kovarovic
University of Miami Business Law Review
No abstract provided.
"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods,
2011
University of Miami School of Law
"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods, Patricia S. Abril
Articles
No abstract provided.
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment,
2011
University of Kentucky College of Law
Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness
Law Faculty Scholarly Articles
This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …
