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Topic: Tort (conflict)

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In the News (Thu 20 Jun 19)

Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
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.
www.brainyencyclopedia.com /encyclopedia/t/to/tort.html   (1344 words)

  Tort - Wikipedia, the free encyclopedia
Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
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/Torts   (1213 words)

 Tort Reform: Taxation Without Representation   (Site not responding. Last check: 2007-11-07)
Because the tort reformers have tied their position to the immediate self-interest of the average voting-age American, while the defenders of the tort system (already laboring under the handicap of being one of the few groups held in less esteem by the public than insurers, corporations, and doctors) have not.
The battle over tort reform is not a conflict between the rights of personal injury victims and the goals of unclogging our courts and creating a more efficient economy.
Tort reform is a disguised entitlement for wealthy corporations, medical professionals, and the liability insurance industry.
www.halperngroup.com /Archive/tortrefa.htm   (1332 words)

 Columbia Encyclopedia- tort - AOL Research & Learn
Certain torts, such as nuisance, may be suppressed by injunction.
In the early 19th cent., negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.
Torts that injure reputation or feelings are personal torts; those violating statutory rights are constitutional torts; those involving real or personal property are property torts.
reference.aol.com /columbia/_a/tort/20051207153409990027   (405 words)

 CapTran -- Venture Capital For Litigation   (Site not responding. Last check: 2007-11-07)
It is the plaintiff’s tort counsel who has his or her own interests guaranteed who is under an individual obligation to review the agreement documents for a legal opinion to his or her client.
The individual tort plaintiff assigns all proceeds of the settlement or judgment to the venture capital corporation to the extent of the payments to be repaid.
The contractual documents virtually remove from the tort claimants any ability on their part to select new counsel, without risking disastrous legal consequences, i.e., the immediate requirement of the repayment of all sums to the venture capital corporation, termination of the case, conducting it as he or she see fit or protecting privileged materials.
www.captran.com /mi.asp   (2054 words)

 lawschool.westlaw.com - The most comprehensive Web site for law school students and faculty
The orthodox territorial choice-of-law rule in tort is to apply the lex loci delectus (the law of the place of the event, in this case, the tort) to determine the rights and liabilities of the parties.
In fact, a number of conflicts scholars, including Walter Wheeler Cook, Ernest Lorenzen, and David Cavers, had already persuasively argued that the mechanical rigidity of the vested rights approach was often unjust, and provoked courts to adopt "escape devices" in the interest of fair results.
In cases of "true" (hard) conflict situations, Currie favored the law of the forum (lex fori), on the theory that the court owes greatest allegiance to the law (and policy) of the sovereign it serves.
lawschool.westlaw.com /Quick/conflict.asp   (6468 words)

 Harvard Law Review
The conflict is whether judges should look solely at the claims and interests of the parties before the court, or resolve seemingly private disputes in a way that serves the interests of the community as a whole.
The public interest found expression in tort disputes by decisions protecting activities thought to be socially useful, and in criminal cases by decisions designed to deter activities thought to be socially pernicious.
My underlying thought is that tort history is characterized by the same kind of conflict that marked the competition between the phlogiston and oxidation theories of burning, id. at 53-56, or the conflict between Ptolemaic and Copernican astronomy.
cyber.law.harvard.edu /torts3y/readings/fletcher.html   (11501 words)

 Gibson v. American Bankers Insurance Co.(2002) * US6th
Finally, the Gibsons' state-law claims are not preempted because of a conflict between Kentucky law and the federal statute or its objectives.
Conflict preemption occurs (1) "where it is impossible for a private party to comply with both state and federal requirements," or (2) where state law would frustrate the objectives of Congress in enacting the federal legislation.
Any asserted conflict in the present case is simply not clear enough to justify preemption of the Gibsons' state-law tort claims.
www.claimrep.com /laws/cases/Us6/caseUS6Gibson.htm   (6014 words)

 A Guide to the Law School Curriculum
The majority of those involved in the practice of tort law, however, are members of firms which have torts as a major practice area.
Few tort cases arise in which the tortfeasor is not indemnified under a contract of insurance.
Torts occurring on navigable streams are customarily governed by admiralty law as administered by the federal courts.
www.law.ua.edu /students/cur-guide/itorts.html   (1847 words)

 Choice of Law in the American Courts in 2000   (Site not responding. Last check: 2007-11-07)
The court eliminated rule 2 on the assumption that the "locus of the tort" was in New York, [FN122] which was not the plaintiff's domicile, and--under this scenario--was not the defendant's domicile either.
Russo [FN129] involved a conflict between the laws of joint and several liability of New Jersey, which was the place of the traffic accident and plaintiff's domicile, and New York, which was the domicile of the two defendant drivers who were found to be 40% and 60% at fault, respectively.
It prohibits a tort action by the injured employee if the employer is declared immune from such action by the worker's compensation law of a state in which the injury occurred or the employment was principally located or whose law governs the employment contract.
www.willamette.edu /wucl/wlo/conflicts/00survey/00survey.htm   (10593 words)

 Tort at AllExperts
Torts are generally categorized by two factors:# The level of intent that must be assessed against the tortfeasor, and# The interest affected by the tort.
;Dignitary torts::Dignitary torts are torts that cause no tangible injury to a person or his property, but rather cause intangible harm to his reputation.
The tort of nuisance allows a claimant (formerly plaintiff) to sue for most acts that interfere with their use and enjoyment of their land.
en.allexperts.com /e/t/to/tort.htm   (1389 words)

 Milne Law Offices: Tort Law: Child Tort Cases: Education, Responsibility   (Site not responding. Last check: 2007-11-07)
When the lawyer successfully negotiates the conflict with the parent, the lawsuit is a positive vehicle of empowerment for parent and child.
Public policy is a concept deeply rooted in tort law jurisprudence.15 In fact, the 20th century has brought an increasing realization of the fact that the interests of society will infiltrate disputes in which the parties are private litigants.16 "[I]t is not the interests of the particular litigants alone which are in controversy...
Consequently, the child's tort case is directed towards furthering the mutual interests and dreams of the parents and the society.
www.childtort.com /pages/articles/childtort.html   (4173 words)

 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
A rule of state tort law imposing a duty to install airbags in cars such as petitioners' would have presented an obstacle to the variety and mix of devices that the federal regulation sought and to the phase-in that the federal regulation deliberately imposed.
And conflict pre-emption is different in that it turns on the identification of "actual conflict," and not on an express statement of pre-emptive intent.
We have found implied conflict pre-emption where it is `impossible for a private party to comply with both state and federal requirements,' id., at 79, or where state law `stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.' Hines v.
caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=98-1811   (14351 words)

 Federal Preemption And Tort Law: Industry’s Basic Justification For Preemption Is Wrong | Tortdeform
The question, then, is whether a state-law tort suit seeking damages on the ground that the plaintiff’s injuries were caused by the device’s defective design or inadequate labeling is also preempted.
As a matter of regulatory impact, it is a huge leap from the proposition that tort law is meant to and does to some degree have a regulatory effect, to the proposition that its impact is equivalent to direct, positive-law regulation.
To the extent that tort law exerts regulatory effect against a drug manufacturer, it occurs only after repeated suits, settlements, and findings of liability, and even then the cause and effect relationship is rarely clear.
www.tortdeform.com /archives/2007/02/federal_preemption_and_tort_la.html   (1200 words)

 !2000-01   (Site not responding. Last check: 2007-11-07)
The second is a tort caused by the tribal entity's actions as a landowner or construction contractor.
The conflict in effect forecloses alternatives that would otherwise be available to the client.
The conflict is stronger, for example, if there is a question that the tortfeasor's conduct exceeded the scope of the self-determination contract.
www.alaskabar.org /index.cfm?id=4876   (680 words)

 Ohayon v. Safeco Insurance Company of Illinois (Ohio 05/30/2001)
An action by an insured against his or her insurance carrier for payment of underinsured motorist benefits is a cause of action sounding in contract, rather than tort, even though it is tortious conduct that triggers applicable contractual provisions.
Instead of seeking damages from the tortfeasor for liability in tort, the Ohayons now seek a declaration that they may stack the stated per-person limits of UIM coverage contained in their insurance contract with Safeco, and that Safeco is not entitled to set off the amounts Jonathon has already received in settlement.
As the Sixth Circuit explained in Miller, the substantive tort question of whether the insured was "legally entitled to recover" benefits at all from the tortfeasor was the central issue in Kurent-a question that Michigan's no-fault laws answered in the negative.
www.assetprotectionbook.com /2001_OH_0002443.htm   (9692 words)

 The ACR Resident and Fellow Section
Defensive medicine, with its associated increased utilization of medical imaging, is not sustainable and is in direct conflict with the ACR Appropriateness Criteria®.
Medical tort reform is therefore a cornerstone to maintaining a healthy environment for radiology and preserving our patients' futures.
Multiple previous attempts at significant tort reform in Florida have been made, including requests to the state leadership for limits on noneconomic damages, sovereign immunity for academic institutions, and legislative protection for high-risk procedures.
rfs.acr.org /current/topics_tort.htm   (1685 words)

 Anita Bernstein, Muss Es Sein? Not Necessarily, Says Tort Law, 67 Law & Contemp. Probs. 1 (autumn2004)   (Site not responding. Last check: 2007-11-07)
Parents were immune from tort actions by their children; charities, spouses, and governments enjoyed a comparable license to commit torts and get away with them.
Absent tort, such claims against the government and its workers could conceivably have been covered by a public law alternative response (such as a punitive reduction of funds to an offending bureau, in effect a fine against an agency), or an equitable remedy like mandamus aimed at a recalcitrant official.
Perhaps tort law is progressive, then, in that tort-like devices have grabbed government wrongdoing by the horns and made it actionable, something for which officialdom has to pay.
www.law.duke.edu /journals/lcp/articles/lcp67dautumn2004p7.htm   (8833 words)

 frontline: breast implants on trial: Mass Tort article | PBS
It can be an individual tort, such as being rear-ended by another driver when you're waiting at a stop light.
Or it can be a mass tort, such as many people killed in a jetliner crash, a faulty heart valve or the contamination of property by a nearby industry.
Convened by state and federal courts, participants argued about judges' powers to control cases, division of spoils between victims and their attorneys, and the relative virtues of class actions and other approaches.
www.pbs.org /wgbh/pages/frontline/implants/legal/masstort.html   (659 words)

We ask whether the Act pre-empts a state common-law tort action in which the plaintiff claims that the defendant auto manufacturer, who was in compliance with the standard, should nonetheless have equipped a 1987 automobile with airbags.
The Court has on occasion suggested that tort law may be somewhat different, and that related considerations–for example, the ability to pay damages instead of modifying one’s behavior–may be relevant for pre-emption purposes.
And conflict pre-emption is different in that it turns on the identification of “actual conflict,” and not on an express statement of pre-emptive intent.
supct.law.cornell.edu /supct/html/98-1811.ZO.html   (5920 words)

 TortsProf Blog: Why Does the Tort System Exist?
In contrast, few torts pluralists, scholars believing the tort system is based on multiple rationales, have put forward a general theory or framework for tort law.
This leaves torts judges, in any given case, in the position of having to select among rationales, which cannot be arranged in a consistent hierarchy and may be incompatible.
Although this contradicts the current monistic trend in torts scholarship, with its concomitant de-emphasization of the particular, the emphasis on context is completely consistent with the common law itself.
lawprofessors.typepad.com /tortsprof/2006/08/why_does_the_to.html   (484 words)

 Legal Affairs - Tort Liability
A "tort" is an injury to another person or to property, which is compensable under the law.
In addition, North Carolina generally bars lawsuits in tort if the claimant is suing you for negligence but the claimant was also negligent ("contributory negligence").
Anytime you commit a tort, the victim can sue you personally, or can sue you in your capacity as a representative of the University, or can sue the University, or can sue any combination of the three.
www.ncsu.edu /legal/legal_topics/tort.php   (816 words)

 Babcock v Jackson
According to those traditional rules, matters bearing upon the execution, interpretation and validity of a contract were determinable by the internal law of the place where the contract was made, while matters connected with their performance were regulated by the internal law of the place where the contract was to be performed.
In such a case, it is appropriate to look to the law of the place of the tort so as to give effect to that jurisdiction's interest in regulating conduct within its borders, and it would be almost unthinkable to seek the applicable rule in the law of some other place.
The phrase "place of the tort," as distinguished from "place of wrong" and "place of injury," is used herein to designate the place where both the wrong and the injury took place.
www.courts.state.ny.us /history/cases/babcock_jackson.htm   (4192 words)

 SSRN-Torts in Corporate Law: Do Corporations Have a Fiduciary Obligation to Commit Torts? by Daniel Greenwood
Corporate law and tort are in dramatic conflict.
Tort seeks to compel tortfeasors to internalize the costs of the injuries they cause, to create incentives for economic actors to take appropriate care, and to express societal disapproval of inappropriately risky behavior.
But tort law thinks of the world in largely individualistic terms that do not work effectively in the corporate world.
papers.ssrn.com /sol3/papers.cfm?abstract_id=776206   (405 words)

 Tort information - Search.com
Contract law protects expectations arising from promises, restitution prevents unjust enrichment, equity seeks to ensure that people act properly in certain circumstances and criminal law punishes wrongs that are so severe such as murder, that the state has a direct interest in preventing them.
Additionally, product liability cases are often categorized as the specific form of tort law, known as toxic tort law.
Also there are situations where, particularly if the defendant ignores the orders of the court, a plaintiff can obtain a punitive remedy against the defendant, including imprisonment.
www.search.com /reference/Tort   (1352 words)

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