Tort
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No Cause of Action for NATO’s Intentional Sinking of Ship and Accidental Killing of Owner
By Lauren Emery Plaintiff Challenges District Court’s Finding of No Cause of Action in NATO’s Intentional Sinking of a Fishing… Read More
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Fourth Circuit Affirms Dismissal of Tort Claim Against State Official
By Patrick Southern Today, in Marks v. Dann, the Fourth Circuit affirmed the dismissal of the plaintiff’s claims against the defendant,… Read More
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Public Policy Claim Against Wrongful Discharge Sufficient For Trial
By Dan Menken Last Thursday, January 8th, in Weidman v. Exxon Mobil Corp., the Fourth Circuit affirmed the district court’s… Read More
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Taking Duty Home: Why Asbestos Litigation Reform Should Give Courts the Confidence to Recognize A Duty to Second-Hand Exposure Victims
By Christopher W. Jackson This article is only available in PDF format. Click here for the full PDF version of this… Read More
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Foreseeability in Breach, Duty, and Proximate Cause
By: Benjamin C. Zipursky* Zipursky_LawReview_December2009 ∗ Professor & James H. Quinn ‘49 Chair in Legal Ethics, Fordham Law School; Visiting… Read More
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Negligent Infliction of Emotional Distress: A View of the Proposed Restatement (Third) Provisions from England
By: M.H. Matthews* Matthews_LawReview_December2009 * Fellow in Law, University College, Oxford; CUF Lecturer in Law, Oxford University. In writing this Article… Read More
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The Risk Architecture of the Restatement (Third) of Torts
By: Jane Stapleton* Stapleton_LawReview_December2009 * Research Professor, The Australian National University College of Law; Ernest E. Smith Professor of Law,… Read More
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A Restatement (Third) of Torts: Liability for Intentional Harm to Persons—Thoughts
By: Ellen M. Bublick* Bublick_LawReview_December2009 * Dan B. Dobbs Professor of Law, University of Arizona James E. Rogers College of… Read More
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Emotional Distress in Tort Law: Themes of Constraint
By: Robert L. Rabin* Rabin_LawReview_December2009 * A. Calder Mackay Professor of Law, Stanford Law School. My thanks to Sai Jahann… Read More
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Intervening Wrongdoing in Tort: The Restatement (Third)’s Unfortunate Embrace of Negligent Enabling
By: John C.P. Goldberg* Benjamin C. Zipursky** GoldbergZipursky_LawReview_December2009 * Professor, Harvard Law School. ** Visiting Professor, Harvard Law School (Spring… Read More
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Figuring Foreseeability
By: David G. Owen* Owen_LawReview_December2009 * Carolina Distinguished Professor of Law, University of South Carolina. Thanks to Matthew Anderson, William… Read More
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Restatement (Third) of Torts: Coordination and Continuation
By: Ellen Pryor* Pryor_LawReview_December2009 * Homer R. Mitchell Endowed Professor of Law, SMU Dedman School of Law; Associate Provost, SMU.… Read More