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Topic: List of tort cases


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In the News (Wed 23 Apr 14)

  
  Tort - Wikipedia, the free encyclopedia
Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law.
Some torts are strict liability torts, in that the plaintiff may recover by showing only that the wrong took place, and that the defendant committed the wrong — there is no need to show the defendant's state of mind or that the defendant breached a duty of due care.
Dignitary torts are torts that cause no tangible injury to a person or his property, but rather cause intangible harm to his reputation.
en.wikipedia.org /wiki/Tort   (1338 words)

  
 Tort - Biocrawler   (Site not responding. Last check: 2007-10-11)
The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations.
Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through an act or omission.
Having said that, many jurisdictions retain a punitive element as a part of the law of tort via exemplary damages, and some torts may have a public element, for example public nuisance, with actions being maintained by a public body.
www.biocrawler.com /encyclopedia/Tort   (725 words)

  
 [No title]
Civil case terminations rose again in 1996 because of an increase in Federal question case terminations attributed mostly to breast implant cases that were transferred to a single U.S. district court as part of a multi-district litigation.
Tort cases terminated by a trial verdict as a percentage of all tort cases also have declined slightly from 5% in 1990 to 3% in 1997.
Of the 5,330 nontrial tort cases for which a winner was known, defendants won in 71% and plaintiffs in 22% of cases.
www.ojp.usdoj.gov /bjs/pub/ascii/fttv97.txt   (4060 words)

  
 SonicBreakdown: Wikipedia Topic   (Site not responding. Last check: 2007-10-11)
Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
The tort of nuisance allows a plaintiff to sue for most acts that interfere with their use and enjoyment of their land.
The difference that grew up between the two is that in tort it is the victim (or 'claimant' in English law) who will normally initiate any court action and who aims to have a wrong compensated (for example by the payment of damages) or prevented (for example by injunctive relief).
www.sonicbreakdown.com /wikiSearch.do?title=Tort   (1181 words)

  
 USA*Engage - 2002 Legislative Activities - The Alien Tort Act: Correcting the Abuse of an Early Federalist Statute
Cases where US courts are evaluating conduct of sovereign nations vis-à-vis their own citizens, raise tremendous risk of interference with US foreign relations.
Summary: In this case, plaintiffs claimed that in 1962 their property in Egypt had been unlawfully seized and nationalized in violation of international law by the Egyptian government because the plaintiffs were Jewish.
The case was remanded to the district court on the defendants' motion to dismiss.
www.usaengage.org /legislative/2003/alientort/alientorttpcases.html   (6084 words)

  
 Bureau of Justice Statistics Federal Tort Trials and Verdicts, 2002-03
Information includes the types of tort cases that proceed to trial, plaintiff win rates, case processing times, and estimated median damage awards.
The overall trends in tort trial litigation from 1970 to 2003 are also examined.
Plaintiffs won in 48% of tort trials terminated in U.S. district courts in 2002-03.
www.ojp.usdoj.gov /bjs/abstract/fttv03.htm   (216 words)

  
 Toxic Tort Cases Claims Injury lawyers California   (Site not responding. Last check: 2007-10-11)
"Toxic tort practitioners typically allege negligence and strict liability claims on behalf of their clients in toxic exposure cases, but it is uncommon for toxic tort lawyers to allege the plaintiff exposed to a toxic chemical is the victim of a battery.
"In an occupational-disease case, the statute of limitations is a trap for an injured worker's attorney and for third-party counsel (attorneys litigating product-liability cases on behalf of injured workers).
Rutherford was a lung cancer case brought by a life-long smoker who claimed that his cancer was caused by asbestos to which he was exposed from working on ships.
www.toxictorts.com /articles.shtml   (1214 words)

  
 Urban Legends Reference Pages: Stella Awards
Tort reform usually amounts to placing a cap on punitive damage awards, making the state's joint-and-several liability law more equitable, and limiting judge and court shopping (which means cases are tried in front of whomever they've been assigned to rather than the judge the plaintiff figures will be most sympathetic).
In a further case which was resolved in July 2004, the plaintiff in the previous suit was ordered to pay the city $29,362.50, which amounted to 75% of its legal fees associated with that case.
When we hear such stories, it's hard not to be rabidly in favor of tort reform — these kinds of cases make it appear that the idiots have taken over the asylum and only the rapid institution of some rules is going to bring things back into a semblance of sanity.
www.snopes.com /legal/lawsuits.asp   (2141 words)

  
 [No title]
In essence, this doctrine provides that a party who fails to list a lawsuit as an asset in a bankruptcy petitions is "estopped" from asserting the suit in a different court.
The underlying principle for the application of judicial estoppel in such cases is that a party may not assert a position in a judicial proceeding which is inconsistent with a position previously and successfully asserted in a prior proceeding.
If a tort claim should accrue subsequent to the closing of the bankruptcy proceeding, then attorneys should move to have the bankruptcy petition reopened in order to list the tort claim as an asset.
www.mfllaw.com /march2001/march2001_1.html   (648 words)

  
 Day on Torts: "Blue Chip" Tort Cases   (Site not responding. Last check: 2007-10-11)
Each decision impacts case selection in a very meaningful way and in fact may make it impossible to economically pursue a case that is otherwise viable.
This case is the second decision to advance the law in the field.
These cases have now come to be known as "stand-alone" claims of negligence infliction of emotional distress.
www.dayontorts.com /cat-blue-chip-tort-cases.html   (1719 words)

  
 The International Law Firm of Fulbright & Jaworski - Toxic, Mass Tort and Environmental Litigation   (Site not responding. Last check: 2007-10-11)
Having acted as national counsel in a number of multi-district litigation cases, Fulbright is equipped to handle large toxic tort cases that have the potential to become either class action cases or multi-district litigation cases.
Furthermore, since many of these cases are filed in plaintiff-friendly venues, Fulbright has the experience to act as defense counsel, having significant experience with toxic tort laws and these difficult venues.
Our Toxic Tort Group is adept at working with experts in the complex forensic investigations into causation and responsibility for environmental contamination, as well as in cross-examining the experts of opposing parties.
www.fulbright.com /index.cfm?fuseaction=home.331   (392 words)

  
 Toxic Tort - Thompson Coburn LLP
The Toxic Tort practice group first gained national recognition in toxic tort litigation in the mid-1980s, when it defended Monsanto Co. in several mass dioxin cases.
We have a reputation for achieving outstanding results both in settlement and trial, a record especially gratifying since many of these cases were brought in the City of St. Louis and the Illinois counties of Madison and St. Clair, which have a history of substantial plaintiff verdicts.
We staff each case in the most cost-effective way, from the single-plaintiff case handled by one lawyer to complex litigation requiring a team of attorneys and paralegals.
www.thompsoncoburn.com /Firm_Information/Practice_Areas/Toxic_Tort/index.aspx   (411 words)

  
 Civil Justice Memo 36 | Products Liability and the Threat to Contraception, by Marc M. Arkin
And, in a further effort to achieve judicial efficiency, particularly in the mass tort context, Congress and the federal courts developed the device known as multi-district litigation (MDL) which permits similar cases from many federal districts to be consolidated in a single court for pretrial proceedings, including settlement negotiations.
Even in the case of Agent Orange, in which men were the primary subjects of exposure, a substantial share of complainants alleged injuries such as infertility, loss of conjugal relations, and genetic damage.
Thus, in one famous case, a jury required A.H. Robins to pay $1.75 million in compensatory and $7.5 million in punitive damages to a woman whose use of the Dalkon Shield eventually led her to undergo a hysterectomy, although at the time of the operation, she was in her 40s and already had three children.
www.manhattan-institute.org /html/cjm_36.htm   (4089 words)

  
 USATODAY.com - Legal myths: Hardly the whole truth   (Site not responding. Last check: 2007-10-11)
Image is everything in tort reform, such as President Bush's visit earlier this month to a "judicial hellhole" in Illinois where tort cases supposedly flourish.
He has made tort reform a priority of his second term and is expected to repeat these calls in his State of the Union address Wednesday.
Zuckerman also cited the case of a woman who knocked her teeth out while sneaking through a nightclub's restroom window to avoid paying a $3.50 cover charge — and then won $12,000 from a jury.
www.usatoday.com /news/opinion/2005-01-30-tort-reform_x.htm   (973 words)

  
 MASS TORTS
Johnson and Bell’s Mass Tort Litigation Group maintains a highly-regarded reputation in defending corporations across a wide array of industries who are involved in complex, multi-party, mass tort, “bet the company” type litigation.
As a result of our years of experience in defending cases involving complex legal and scientific issues, our attorneys are qualified to defend most any mass tort claim.
We are well-versed in the medical and toxicological issues surrounding these cases and are especially skilled at developing factual and legal defenses for complex scientific and technical issues with which judges and jurors identify.
www.johnsonandbell.com /practice/masstorts   (1619 words)

  
 Hinshaw & Culbertson | Resource Center | Proof of Medical Causation in Toxic Tort Cases Filed in the State of Illinois
The nature of plaintiff's burden of proof to establish medical causation in a toxic tort case may depend, to a certain extent, on the legal basis for the underlying claim as well as the allegations as to the type of damage incurred.
In cases involving an identifiable physical injury arising out of contamination from an industrial landfill, for example, plaintiff must establish that the defendant's breach of duty was, as a matter of fact, a cause of harm.
An analysis of the various types of evidence customarily used in toxic tort cases to prove causation, as well as principles underlying the "scientific method" used to scrutinize this evidence, is important in terms of correctly guiding our state courts in future cases.
www.hinshawlaw.com /knowledge/publication_detail.aspx?id=2007&type=5274   (6535 words)

  
 List of Judicial Committees of the Privy Council & House of Lords cases
List of Judicial Committees of the Privy Council & House of Lords cases
The Privy Council cases before 1949 that were appeals from the Supreme Court of Canada or any of the Court of Appeals of the provinces are binding precedent in Canada (even today, unless they have been overruled by the Supreme Court of Canada).
Stevenson [1932] A.C. 532 Lord Aitkin's famous statement about duty of care in the tort of negligence.
www.guajara.com /wiki/en/wikipedia/l/li/list_of_judicial_committees_of_the_privy_council___house.html   (189 words)

  
 Master List of Cases for Docketing, January 2002, by Deputy Commissioner Section
Posting of the master list affords trial counsel and unrepresented parties an advance opportunity to see cases of interest that may be scheduled for hearing during January, 2002.
The master list of Cases For Docketing provides counsel and parties approximately two to three weeks advance notice of cases being docketed compared to the anticipated date of receiving a published calendar.
The list is not final as additions and deletions can be made to the master list at any time prior to a particular hearing docket being published.
www.comp.state.nc.us /ncic/pages/1115ghee.htm   (452 words)

  
 Corp Reform - Not Tort Reform: The Truth About the McDonalds Coffee Case
Last time I checked 95%+ tort cases were State in origin, why in the hell does the Federal government have any right to tell my State what to do.
The article on the one hand suggests the claim of 700 cases in 10 years to be trivial is facetious, on the other hand it cites one billion cups being sold per year.
Assuming for the sake of argument that a person who buys a cup of coffee should be expected to assume a certain level of risk, she should only be expected to assume the risks normally associated with a reasonable cup of coffee.
corpreform.typepad.com /corpreform/2003/10/the_truth_about.html   (4589 words)

  
 The Washington Monthly
In this case, Sawyer had insurance and he did not have to reimburse his insurer, but according to his attorney, that fact was acknowledged in the settlement negotiations.
But the primary reason for this latest admission by TTP is that its definition of “tort costs” includes such things as insurance claims where no lawsuits were filed, such as for auto accidents, including those in no-fault states where lawsuits are in fact banned in auto accidents, and for which people pay insurance premiums.
Their “tort costs” also don’t take into account the profits that the insurance companies earn from premiums or the dividends paid to policyholders (like doctors), or the earnings from their investments.
www.washingtonmonthly.com /archives/individual/2005_02/005659.php   (4777 words)

  
 wsbradio.com: News
The patient sued in Fulton County, but the defendant argued that the case should be tried in Bartow County, where the alleged malpractice took place.
In another decision, the court upheld a section of the law that allows a judge to transfer a case to another county if the judge not defendant decides that the move is in ``the interest of justice'' and the ``convenience of parties.''
The hotly contested tort reform law also capped pain-and-suffering awards at $350,000 for malpractice cases, toughened expert witness standards and set up incentives for patients to settle out of court.
wsbradio.com /news/021306tortreform.html   (582 words)

  
 NPR : Mississippi Gov. to Sign Tort Reform Bill
If a contractor or a contractor's employee is hurt while working on the property and knew or should have known about a danger, the property owner is immune from a lawsuit.
Morning Edition, June 16, 2004 · Mississippi Gov. Haley Barbour is expected to sign a tort reform bill Wednesday that places limits on civil lawsuits and jury awards in the state.
Proponents say the measure is a necessary step towards reforming the state's legal system, but opponents claim it protects businesses at the expense of average citizens.
www.npr.org /templates/story/story.php?storyId=1958614   (285 words)

  
 Frequently Asked Questions
Currently the Honorable Bryan Garruto, the Honorable Carol Higbee, the Honorable Ann McCormick and the Honorable Jonathan N. Harris are responsible for the mass tort cases in New Jersey.
Mass Torts for the state of New Jersey are currently being managed in the Civil Division Part in Middlesex County, New Brunswick, NJ, the Civil Division Part in Atlantic County, Atlantic City, NJ, and the Civil Division Part in Bergen County, Hackensack, NJ.
Within the case type screen you will be able to ascertain the case type description, judge, attorney list, case name, docket number, management recommendations (special master), case management orders (judge’s order), motion lists, motion dates, motion designations, (oral arguments or submissions on the papers), motion dispositions, (decisions, opinions/or reasons), and links to Federal Multi-District Litigation.
www.judiciary.state.nj.us /mass-tort/faq.htm   (733 words)

  
 Media Matters - Wash. Post columnist relied on dubious study to promote tort reform   (Site not responding. Last check: 2007-10-11)
Even tort reform advocates seem to recognize that "pain and suffering" and "emotional distress" are not one and the same.
These cases are usually are dilligently vetted prior to going to trial by the judge, plaintiff and defendant and that one shouldn't have even had a hearing.
The weird cases we keep hearing about in my opinion are part of the overall strategy by the real "activist judges" to undermine the system by allowing the stupid cases to get just far enough to make media spin.
mediamatters.org /items/200501100008   (5155 words)

  
 Phelps Dunbar
By their very nature, toxic tort cases are fact intensive and fact determinative; to that end, our paralegals and staff have the training and experience to identify and organize quickly key information gathered from the massive amounts of discovery typically produced in toxic tort cases.
Representation of a major railroad in three mass tort cases--one a class action, and two individual joinder cases--arising from a release of trichloroethylene from a railcar resulting in groundwater contamination at the Lake Charles switchyard.
Representation of CF Industries, Inc. in defense of a case, initially filed as a class action, which involved the release of anhydrous ammonia.
www.phelpsdunbar.com /pages/24.html   (1030 words)

  
 Tort Law: Cases, Materials, Problems, Third Edition Reprint, 2006 - LexisNexis(R) Bookstore   (Site not responding. Last check: 2007-10-11)
While still presenting the classic cases, this book conveys a sense of the dynamic nature of tort law by highlighting contemporary cases and trends.
The problems highlight some of the particularly thorny areas of tort law and pull together strands of related materials into a cohesive fabric.
An additional strength of Tort Law: Cases, Materials, Problems is the representation of diverse views of tort law.
bookstore.lexis.com /bookstore/product/10932.html   (253 words)

  
 Horvitz & Levy LLP - Toxic Tort/Products Liability Practice
In the Lockheed Litigation, Horvitz and Levy LLP represented numerous chemical manufacturer defendants in a coordinated toxic tort proceeding arising from allegations that the defendants failed to warn some 640 aircraft workers at the Lockheed Burbank Skunkworks of the potentially harmful effects of organic solvents used in the aircraft manufacturing process.
In Lockheed Litigation Cases (2004) 115 Cal.App.4th 558 (Lockheed I), Horvitz & Levy LLP secured the affirmance of a defense judgment in a related toxic torts action following the trial court's exclusion of plaintiff's causation expert on grounds that the expert's opinion had no foundation and therefore could not be admitted into evidence.
Horvitz and Levy LLP will be representing ExxonMobil and Unocal in their effort to clarify the authority of California trial judges to examine the foundation of an expert's opinion in order to determine the admissibility of the expert's testimony.
www.horvitzlevy.com /practoxi.html   (301 words)

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