Download or read book Federal Tort Reform Legislation written by Henry Cohen and published by . This book was released on 2003 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Tort Reform Legislation written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes. Part I of this report concludes that Congress has the authority to enact tort reform legislation generally, under its power to regulate interstate commerce, and to make such legislation applicable to intrastate torts, because tort suits generally affect interstate commerce. However, it may be unconstitutional for tort reform legislation to be applied to particular intrastate torts that do not substantially affect interstate commerce. In concluding that Congress has the authority to enact tort reform "generally," we refer to reforms that have been widely implemented at the state level, such as caps on damages and limitations on joint and several liability and on the collateral source rule. More specialized types of reforms are not necessarily immune from constitutional challenge. For example, some state courts have struck down statutes that provide that a portion of punitive damages awards must be paid to state funds (although other state courts have upheld such statutes). Part I also concludes that there would appear to be no due process or federalism (or any other constitutional) impediments to Congress's limiting a state common law right of recovery. The only exception concerns requiring alternative dispute resolution that limits the right to a jury trial. Part II considers alternative dispute resolution alternatives, some of which could have constitutional problems. The Seventh Amendment would preclude Congress from eliminating the right to a jury trial in common law tort actions brought in federal court. Congress may, however, eliminate the right to bring common law tort actions in federal court, or eliminate common law tort actions themselves. Congress apparently may create Article I tribunals, such as arbitration panels, to hear tort claims, if it alters tort claims so that they are no longer traditional common law actions (but rather are like no-fault workers' compensation claims), or if it allows de novo review by an Article III court, with the right to a jury trial, of traditional common law tort actions (rather than allow merely traditional appellate review). It apparently may also opt for a middle ground by altering the common law cause of action somewhat but not wholly, and by pro-viding for something less than de novo review by an Article III court, provided that the Article III court is not required to be too deferential to the findings of the Article I tribunal. Finally, a strong argument may be made that Congress has the power to eliminate jury trials in tort actions brought in state court, but this is uncertain.

Download or read book The Constitutionality of Federal Tort Reform Legislation written by Henry Cohen and published by . This book was released on 1998 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book LEGISLATION TO AMEND THE FEDERAL TORT CLAIMS ACT written by and published by . This book was released on 1988 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Tort Reform Legislation of 1995 written by Commerce Clearing House and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legislation to Amend the Federal Tort Claims Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1988 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Tort Reform Legislation of 1995 written by Commerce Clearing House and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Torts Reform Claims and Liability written by Ben V. Colligan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Tort Claims Act is the statute by which the United States authorises tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits by military personnel for injuries sustained incident to service; the discretionary function exception, which immunises the United States for acts or omissions of its employees that involve policy decisions; and the intentional tort exception, which precludes suits against the United States for assault and battery, among some other intentional torts, unless they are committed by federal law enforcement or investigative officials. This book discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defence to products liability design defect suits.

Download or read book The Origins of Federal Tort Reform written by Viva Rivers Moffat and published by . This book was released on 1993 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Introductions to U S Law written by John C.P. Goldberg and published by Oxford University Press. This book was released on 2010-06-03 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

Download or read book Tort Reform written by Paul Ruschmann and published by Infobase Publishing. This book was released on 2005 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines both sides of the current tort reform debate: should courts reduce the scope of defendants' liability to avoid economic decline, or would that change simply enrich large corporations at the expense of average Americans?

Download or read book Legislative Resource Book for Tort Reform written by and published by . This book was released on 1986 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Amendments to the Federal tort claims act S 2117 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies and published by . This book was released on 1978 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tort Reform by Contract written by Paul H. Rubin and published by American Enterprise Institute. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that there is a current crisis in tort law and advocates that a return to a more widespread use of contracts in three areas - product liability, medical malpractice, and some aspects of automobile accidents. Such contracts, he suggests, should be allowed by the courts.

Download or read book Tort Reform written by Oklahoma Bar Association (1939- ). Department of Continuing Legal Education and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Time Extension for Presenting Tort Claims to Persons Under Legal Disability written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1986 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judge and Jury written by Eric Helland and published by Independent Institute. This book was released on 2015-08-24 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites. In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.