All Articles tagged tort

• General
  September 23, 2024 EDT
  23ANDME . . . AND YOU: EXAMINING THE EXISTENCE OF A PATIENT’S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION
  Allegra J. Padula

  This Note argues a duty should be imposed on patients to warn relatives of genetic testing which may significantly affect that relative’s health and proposes elements for a new tort.

• General
  October 30, 2022 EDT
  REFUSING UNWANTED MEDICAL TREATMENT: AN UNPROTECTED RIGHT
  Nathaniel Clark

  Examines the background of futile treatment & advance directives, tort of wrongful prolongation of life & solutions for the reticence of the courts to protect an individuals’ right to die.

• New York Appeals
  September 13, 2019 EDT
  WHAT HAPPENS IN VEGAS STAYS IN VEGAS: ASSERTING A TORT CLAIM IN NEW YORK COURTS AGAINST A FOREIGN CORPORATION ARISING FROM A NEW YORKER’S OUT-OF-STATE ACCIDENT POST-DAIMLER
  Michael J. HutterMark L. Powers

  This article examines the opportunities for asserting personal jurisdiction in a New York court over a foreign corporation for a tort claim arising from a New Yorker’s out-of-state accident post-Daimler.

• General
  December 12, 2018 EDT
  THE TIDES OF TRANSGRESSIONS: AN ANALYSIS OF DEFAMATION AND THE RIGHTS OF THE LGBT COMMUNITY
  Ashley Milosevic

  The purpose of this discussion is to examine the arguments, history, and possible solutions to considering a false imputation of homosexuality defamatory.

• General
  March 16, 2017 EDT
  WHY DAIMLER ACCOMMODATES PERSONAL JURISDICTION IN MASS TORT LITIGATIONS
  Alani Golanski

  When she authored the majority opinion in Daimler AG v. Bauman, did Justice Ruth Bader Ginsburg intend to fracture mass tort litigations that involve numerous out-of-state defendants and plaintiffs?

• New York Appeals
  February 13, 2015 EDT
  IN SUPPORT OF AN IMPLIED STATE CONSTITUTIONAL FREE SPEECH TORT IN PUBLIC EMPLOYMENT RETALIATION CASES
  Howard L. Zwickel

  This article argues that a meaningful state free speech constitutional tort, with enhanced state standards, could encourage more expressive activity by public employees.

• New York Appeals
  March 03, 2013 EDT
  FOREWARNED: SPORTS, TORTS, AND NEW YORK‘S DANGEROUS ASSUMPTION
  Benjamin P. Pomerance

  For decades New York state courts in torts cases have blanketly applied the assumption of risk doctrine and barred recovery rather than taking a more equitable approach under comparative negligence.

• New York Appeals
  March 03, 2013 EDT
  PUNITIVE DAMAGES: PUBLIC WRONG OR EGREGIOUS CONDUCT?
  John M. LeventhalThomas A. Dickerson

  This article provides a historical perspective of New York state jurisprudence on punitive damages and the rationales for their imposition.

• General
  January 01, 2012 EDT
  IN DEFENSE OF DETERRENCE
  Andrew F. Popper

  This article takes the following position: those supporting tort reform cannot wish away deterrence.

• General
  January 01, 2012 EDT
  A NEW LOOK AT DUTY IN TORT LAW: REHABILITATING FORESEEABILITY AND RELATED THEMES
  Alani Golanski

  This article addresses the subtle yet turbulent “duty wars” currently raging with respect to the conceptual nature of duty in tort law.

• New York Appeals
  March 03, 2011 EDT
  NEW YORK STATE CLASS ACTIONS: MAKE IT WORK-FULFILL THE PROMISE
  Thomas A. Dickerson

  The purpose of this article is to demonstrate that New York's class action statute, Article 9 of the CPLR, is underutilized and has been during its entire thirty-five-year history.

• General
  January 01, 2011 EDT
  CRISIS IN THE GULF OF MEXICO: IS NEW FEDERAL LEGISLATION THE ANSWER AND IF SO, TO WHAT QUESTION?
  Aaron Gershonowitz

  This essay discusses how the Deepwater Horizon incident raises significant questions about whether the existing compensation scheme creates the appropriate safety incentives.

• General
  May 08, 2009 EDT
  TORTURE WARRANTS AND THE RULE OF LAW
  John T. Parry

  This article explores some of the jurisprudential and theoretical stakes that the debate on torture warrants under the U.S. Constitution.

• General
  January 08, 2009 EDT
  NUREMBERG’S LEGACY CONTINUES: THE NUREMBERG TRIALS’ INFLUENCE ON HUMAN RIGHTS LITIGATION IN U.S. COURTS UNDER THE ALIEN TORT STATUTE
  Gwynne Skinner

  This article traces the Nuremberg trials' influence on human rights litigation in the U.S. under the Alien Tort Statute.