Standard of care.
Question: A 56-year-old man was admitted to the hospital with pneumonia. He had told the triage nurse on initial presentation that he was allergic to penicillin, but the hospitalist subsequently administered ampicillin. Shortly after receiving the first dose, the patient developed progressive respiratory distress and required intubation. At trial,...

Nurse sued employer & Dr. for assault/false imprisonment by Dr.
CASE ON POINT: Baker v. Cook Children's Physician Net., 2008 TCA2 2-07-174 (0228/08) S.W.3d -TX ISSUE: We have all heard horror stories about physicians yelling and screaming at nurses. Many nurses have been the victims of such deplorable behavior. However, in this extraordinary Texas case a female...

Patients' eggs & embryos 'stolen' by physicians.
CASE ON POINT: Unruh-Haxton v. Regents of University of California, 2008 CA--Iw904072 (04/23/2008)--CA. CASE FACTS: Eight patients received fertility treatments from two physicians in the late 1980s at a clinic located in Garden Grove. In 1995, it was reported by several news sources that the physicians had...

Limitation of actions for psychiatric injuries in intentional tort cases.
Limitation periods for the institution of actions for personal injury prescribe important impediments for the institution of actions by victims of both intentional and non-intentional torts. In Stingel v Clark (2006) 80 ALJR 1339; [2006] HCA 37 the majority of the High Court of Australia interpreted Victoria's statute of...

Air rage: choice of law for intentional torts occurring in flight over international waters.
I. AN INSTANCE OF AIR RAGE IN FLIGHT OVER INTERNATIONAL WATERS: THE HENCH CASE(1) Jennifer Olson, a fifteen-year veteran airline flight attendant for Delta Air Lines, was allegedly attacked and seriously injured when Christopher Bull Hench, a passenger, tried to break into the cockpit of an aircraft...

Siegel's torts; essay and multiple-choice questions and answers.
0735556938 Siegel's torts; essay and multiple-choice questions and answers. Siegel, Brian N. and Lazar Emanuel. Aspen Publishers, Inc. 2005 252 pages $23.95 Paperback KD1948 Noting that students are underprepared for law...

Discrimination and outrage: the migration from civil rights to tort law.
ABSTRACT It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory...

State law tort claims - a new weapon in employment discrimination cases? When employees file discrimination claims, they have often been pre-empted from bringing state law tort claims. A recent seventh circuit case, Naeem v McKesson Drug Co, suggests that courts may be headed in a new direction.
Plaintiffs' employment lawyers have long been limited to litigating unfair employment practices claims under various federal employment laws or their Illinois state law counterparts under the Illinois human rights act, ("IHRA"). (1) other than breach of contract or common law retaliatory discharge, aggrieved employees have generally been foreclosed from...

From bricks to pajamas: the law and economics of amateur journalism.
ABSTRACT Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called...

Landmark cases in tort law.
It has been said that hard cases make bad law. But the difficult cases are also most often the ones which result in restatements of basic legal principles, and expand the law into hitherto unconsidered factual situations. Contrary to making bad law, in Canada such cases occasionally reach the...