Rediscovering The Issue Class In Mass Tort Mdls,
2019
Benjamin N. Cardozo School of Law
Rediscovering The Issue Class In Mass Tort Mdls, Myriam E. Gilles, Gary Friedman
Articles
For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses of tort actions sent their way by the JPML. Even the badges and incidents of class practice, in the form of common-fund-based approaches to attorney compensation and lead-counsel structures for case organization, have come under attack from commentators who insist that mass-tort MDLs should not be treated as “quasi-class actions,” and that Rule 23 does not present a “grab bag” from which MDL judges may pick and choose the most convenient implements. Leading lights of the complex litigation …
The United Nations Compensation Commission: Mass Reparations Apotheosis,
2019
Loyola Marymount University and Loyola Law School
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims,
2019
Brooklyn Law School
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
Adopting Civil Damages: Wrongful Family Separation In Adoption,
2019
Texas A&M University School of Law
Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore
Washington and Lee Law Review
The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …
Liability Not Waived For Lackawanna College: Athletic Programs May Not Disregard Minimal Standards Of Care And Safety,
2019
Villanova University Charles Widger School of Law
Liability Not Waived For Lackawanna College: Athletic Programs May Not Disregard Minimal Standards Of Care And Safety, Rachael Marvin
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?,
2019
Benjamin N. Cardozo School of Law
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
Cardozo Law Review
In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by …
The Courtroom Turned Classroom: A Model Procedure For Educating The Gatekeepers Of Expert Evidence In Complex Toxic Tort Cases,
2019
Benjamin N. Cardozo School of Law
The Courtroom Turned Classroom: A Model Procedure For Educating The Gatekeepers Of Expert Evidence In Complex Toxic Tort Cases, Izabelle Tully
Cardozo Law Review
This Note maintains that in order for Rule 702 and the Daubert standard to have their intended effect, judges need more guidance and structure in how they approach scientific admissibility decisions. An analysis of how courts following Daubert currently address novel science, specifically in toxic tort cases where some members of the scientific community label causation evidence as junk science, supports this argument. This Note will focus on procedures courts have used to make gatekeeping decisions. From a study of these procedures, this Note will suggest a model framework that courts should employ to tackle novel science issues in mass …
Tort Law’S Devaluation Of Stillbirth,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Nevada Law Journal
No abstract provided.
Tort Law,
2019
National University of Singapore
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
There were over 40 torts cases in 2019, of which just over half involved the tort of negligence. Unlike previous years, this year's review will deal only with the ten most significant judgments. A full list of torts cases is included at the end of this chapter for the convenience of readers. Of the ten cases, not surprisingly, five of them are claims in negligence. Of these, three involve medical negligence and two involve negligent misrepresentation causing economic loss. The remaining cases relate to claims under the tort of conspiracy, defamation, fraud (or deceit), malicious falsehood as well as nuisance …
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities,
2019
Washington and Lee University School of Law
If A Tree Falls In A Roadway, Is Anyone Liable?: Proposing The Duty Of Reasonable Care For Virginia’S Road-Maintaining Entities, Ian J. Mcelhaney
Washington and Lee Law Review
This Note considers whether a duty for road-maintaining entities is tenable under Virginia law. It also explores the rationale for imposing differing liabilities between landowners and road-maintaining entities. Part III reviews the various duties other states use with respect to dangerous roadside trees and concludes that the duty of reasonable care is most appropriate for Virginia. Sovereign immunity is a companion issue and is addressed in Part IV. The Part provides a brief overview of the policy arguments for sovereign immunity, before reviewing immunity’s impact at the state, county, and municipal levels. The Part also addresses a government employee’s entitlement …
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls,
2019
MichieHamlett Attorneys at Law
In Search Of A Unified Theory Of The Duties Flowing From Property Ownership In Virginia: A Response To Mcelhaney’S If A Tree Falls, E. Kyle Mcnew
Washington and Lee Law Review
In his Note, Ian McElhaney concludes that the Court got it right in Cline v. Dunlora South, LLC—that the landowner owes no duty to protect travelers on adjoining roadways from natural conditions on the landowner’s property—because the Court also got it right in Cline v. Commonwealth when it held that the Commonwealth of Virginia may have that duty instead. In the narrowest view, that is certainly a defensible position. If the case is just about natural conditions and roads, then there is intuitive appeal in saying that they are the Commonwealth’s roads; so, it is the Commonwealth’s job to make …
A Few Thoughts On “If A Tree Falls In A Roadway . . . .”,
2019
Washington and Lee University School of Law
A Few Thoughts On “If A Tree Falls In A Roadway . . . .”, David Eggert
Washington and Lee Law Review
This Response to Ian McElhaney’s note examines (1) the background legal context that got us to where we are on falling-tree liability; (2) how this peculiar issue fits into Virginia’s general approach to the law; and (3) presents some thoughts on Mr. McElhaney’s reasoning and ultimate conclusions in urging liability for road maintainers.
Congress Prescribes Preemption Of State Tort-Reform Laws To Remedy Healthcare "Crisis": An Improper Prognosis?,
2019
Texas A&M University School of Law
Congress Prescribes Preemption Of State Tort-Reform Laws To Remedy Healthcare "Crisis": An Improper Prognosis?, Jason C. Sheffield
Student Scholarship
Say what you want about the tort-reform debate, but it has staying power. Over the last half-century, legislators and commentators have extensively debated every aspect of tort reform and the litigation "crisis" arguably giving rise to it, without resolving much of anything. Despite this ideological stalemate, tort-reform proponents have managed to push measures through every state legislature. With fifty tries come fifty results, and for the most part, fifty failures. But have all these efforts been in vain? As of yet, no. Although the healthcare system does not appear to be improving, the numerous tort-reform measures states have adopted provide …
Congress Prescribes Preemption Of State Tort-Reform Laws To Remedy Healthcare "Crisis": An Improper Prognosis?,
2019
Texas A&M University School of Law
Congress Prescribes Preemption Of State Tort-Reform Laws To Remedy Healthcare "Crisis": An Improper Prognosis?, Jason C. Sheffield
Journal of Law and Health
Say what you want about the tort-reform debate, but it has staying power. Over the last half-century, legislators and commentators have extensively debated every aspect of tort reform and the litigation "crisis" arguably giving rise to it, without resolving much of anything. Despite this ideological stalemate, tort-reform proponents have managed to push measures through every state legislature. With fifty tries come fifty results, and for the most part, fifty failures. But have all these efforts been in vain? As of yet, no. Although the healthcare system does not appear to be improving, the numerous tort-reform measures states have adopted provide …
Eliminating Liability For Lack Of Informed Consent To Medical Treatment,
2019
University of Chicago
Eliminating Liability For Lack Of Informed Consent To Medical Treatment, Valerie Gutmann Koch
University of Richmond Law Review
The legal doctrine of informed consent, which imposes tort liability for failure to disclose the risks, benefits, and alternatives of a proposed medical intervention, is often criticized for emphasizing ritual over relationships, contributing to the deterioration of the doctor-patient relationship by encouraging the practice of defensive medicine. This article considers a rather radical response to the allegations that the tort of lack of informed consent does not serve the lofty goal of protecting patient self-determination by ensuring that treatment decisions are voluntary and informed, namely the elimination of liability for failure to provide informed consent to medical treatment. In doing …
Should Automakers Be Responsible For Accidents?,
2019
University of Michigan Law School
Should Automakers Be Responsible For Accidents?, Kyle D. Logue
Articles
Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!,
2019
Seattle University School of Law
Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount
Seattle University Law Review
Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data on behalf of …
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens,
2019
Seattle University School of Law
Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson
Seattle University Law Review
This Comment argues that the unique relationship between manufacturers, consumers, and their reinforcement learning AI systems challenges existing products liability law models. These traditional models inform how to identify and apportion liability between manufacturers and consumers while exposing litigants to low-dollar tort remedies with inherently high-dollar litigation costs.11 Rather than waiting for AI autonomy, the political and legal communities should be proactive and generate a liability model that recognizes how new AI programs have already redefined the relationship between manufacturer, consumer, and product while challenging the legal and financial burden of prospective consumer-plaintiffs and manufacturer-defendants.
Gdpr Compliance—It Takes A Village,
2019
Seattle University School of Law
Gdpr Compliance—It Takes A Village, Susy Mendoza
Seattle University Law Review
When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …
The Gdpr: It Came, We Saw, But Did It Conquer?,
2019
Seattle University School of Law
The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir
Seattle University Law Review
On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.
