Notes on Recent Cases
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Table of Contents (V.3 No.1)
Catholic University Law Review Volume 3 Issue 1 January 1953 Article 1 1953 Table of Contents (v.3 no.1) Catholic University Law Review Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Catholic University Law Review, Table of Contents (v.3 no.1), 3 Cath. U. L. Rev. (1953). Available at: https://scholarship.law.edu/lawreview/vol3/iss1/1 This Front Matter is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE CATHOLIC UNIVERSITY OF AMERICA LAW REVIEW Volume III January, 1953 Number 1 CONTENTS ARTICLES Page Pretrial Procedure in the District of Columbia ...................... Honorable Alexander HoltzojJ I Some Reflections on Pound's Jurisprudence of Interests .......................... Rev. Dr. Francis 1. Powers 10 COMMENTS Inherent Power of the President to Seize Property ................... 27 Just Compensation and Riparian Interests ........................ 33 A Proposed Amendment to the Constitution ...................... 43 RECENT CASES CONSTITUTIONAL LAW--Captive Audience-Public Utilities- Right of Privacy not Violated by Transit Radio. Pollak v. Public Utilities Commission, 343 U. S. 451 (1952) .............................. 51 CORPORATIONS-Agency-Attorney and Client. Zeeb v. Atlas Powder Co., 87 A. 2d 123 (Del. 1952) .......................... 53 CRIMINAL LAW-Subnormal Mentality as Affecting Criminal Re- sponsibility. Commonwealth v. Elliott, 89 A. 2d 782 (Pa. 1952) ...... 55 FUTURE INTERESTS-Habendum Clause--Condition Subsequent-- Base or Determinable Fee. Ange v. Ange, 71 S. E. 2d 19 (N. C. 1952) 57 INSURANCE-Constitutional Law. -
In the United States District Court for the Southern District of Illinois
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS YAN SHIFRIN, Plaintiff, vs. Case No. 3:12-cv-00839-JPG-DGW ASSOCIATED BANC CORP, ASSOCIATED BANK, N.A., ASSOCIATED INVESTMENT SERVICES, INC., FIRST FINANCIAL BANK, FSB and UNKNOWN OWNERS, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the defendants Associated Banc-Corp, Associated Bank, N.A., Associated Investment Services, Inc., and First Financial Bank, FSB’s (“Defendants”) motion to dismiss (Doc. 24) plaintiff Yan Shifrin’s complaint. Shifrin filed a response to the motion to dismiss (Doc. 25), to which Defendants replied (Doc. 29). For the following reasons, the Court denies Defendants’ motion to dismiss. I. Facts and Procedural History The facts of this case, taken from Shifrin’s complaint, are as follows. Defendants are the current owners of the real property located at 100 E. Washington Street, Belleville, Illinois 62220 (“the property”). Bric Partnership, LLC (“Bric”) leased the property from Defendants and operated a business office within the property. Shifrin was employed by Bric during the period of time between approximately March 31, 2009 and January 4, 2011. During his employment with Bric, Shifrin worked within the property on a daily basis. Shifrin alleges that during his employment, mold, fungi, bacteria and other harmful substances were located in and about the property. Shifrin alleges that Bric officers, employees and other tenants of the property informed Defendants that mold, fungi, bacteria and other harmful substances were located within the property. Shifrin alleges that Defendants knew, or if they had exercised reasonable care, should have known, about the harmful substances located within the property. -
Libel and Slander -- Extemporaneous Defamatory Remarks Over Television Max D
NORTH CAROLINA LAW REVIEW Volume 36 | Number 3 Article 15 4-1-1958 Torts -- Libel and Slander -- Extemporaneous Defamatory Remarks Over Television Max D. Ballinger Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Max D. Ballinger, Torts -- Libel and Slander -- Extemporaneous Defamatory Remarks Over Television, 36 N.C. L. Rev. 355 (1958). Available at: http://scholarship.law.unc.edu/nclr/vol36/iss3/15 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 19581 NOTES AND COMMENTS Torts-Libel and Slander-Extemporaneous Defamatory Remarks Over Television In Shor v. Billingsley' the defendant made extemporaneous defama- tory statements on a television program. Plaintiff pleaded three causes of action for defamation. All alleged the statements were false and uttered for the express purpose of injuring the plaintiff in his business. The first cause of action presented the principal problem in the case: Whether extemporaneous defamatory words in a telecast constitute libel or slander.2 The defendants argued that no cause of action was stated3 because there was no permanent physical form present in an ex- temporaneous telecast4 and that the application of the law of libel to broadcasting or telecasting without a script must be made (if at all) by the legislature rather than by the courts. 5 The court denied the defendants' motion to dismiss for insufficiency and held that the de- famatory telecast would be treated as libel. -
099-0090.Pdf
Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 1. HEART BALM ACTIONS Section 1-1. Findings. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act. Society has since recognized that the amicable settlement Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage. -
Res Ipsa Loquitur in the Restatement (Third) of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence
Chicago-Kent Law Review Volume 84 Issue 3 Symposium: Data Devolution: Corporate Information Security, Consumers, and the Article 15 Future of Regulation June 2009 Res Ipsa Loquitur in the Restatement (Third) of Torts: Liability Based upon Naked Statistics Rather than Real Evidence Daniel J. Pylman Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Torts Commons Recommended Citation Daniel J. Pylman, Res Ipsa Loquitur in the Restatement (Third) of Torts: Liability Based upon Naked Statistics Rather than Real Evidence, 84 Chi.-Kent L. Rev. 907 (2010). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol84/iss3/15 This Notes is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. RES IPSA LOQUITUR IN THE RESTATEMENT (THIRD) OF TORTS: LIABILITY BASED UPON NAKED STATISTICS RATHER THAN REAL EVIDENCE DANIEL J. PYLMAN* INTRODUCTION Before a plaintiff can recover under traditional principles of negli- gence, she must prove a specific negligent act or omission by the defendant that caused actual harm to the plaintiff's person or property.' Courts do not presume negligence. 2 In the seminal case of Byrne v. Boadle, however, the English courts first took account of the fact that there may be instances where the plaintiff is -
Recent Extensions of the Res Ipsa Loquitur Doctrine
Washington University Law Review Volume 18 Issue 1 1932 Recent Extensions of the Res Ipsa Loquitur Doctrine Norman Parker Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Law Commons Recommended Citation Norman Parker, Recent Extensions of the Res Ipsa Loquitur Doctrine, 18 ST. LOUIS L. REV. 054 (1932). Available at: https://openscholarship.wustl.edu/law_lawreview/vol18/iss1/5 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. ST. LOUIS LAW REVIEW Other judges have preferred to rely solely on legal processes to establish a contractual liability. In Ward Baking Co. v. Triz- 7 zino4 the court said in effect that the contract of warranty be- tween the original vendor and his immediate vendee is really one made for the benefit of the ultimate consumer, who may then sue the original vendor under the American rule of contract law per- mitting the third-party beneficiary to sue the original obligor. The courts in Pennsylvania limit the application of the breach of warranty theory to those instances where the article sold and prepared by the original vendor is placed in a package which is not to be opened by the intermediate vendor.48 This apparently takes cognizance of a physical fact to sustain a privity of con- tract which is essentially a legal relationship. -
Torts and Workmen's Compensation: Torts Richard V
Louisiana Law Review Volume 16 | Number 2 The Work of the Louisiana Supreme Court for the 1954-1955 Term February 1956 Torts and Workmen's Compensation: Torts Richard V. Campbell Repository Citation Richard V. Campbell, Torts and Workmen's Compensation: Torts, 16 La. L. Rev. (1956) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol16/iss2/11 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Torts and Workmen's Compensation TORTS* Richard V. Campbell** LIABILITY WITHOUT FAULT Modern common law emphasizes the fault requirement in tort actions. Some scholars feel that it is more fictitious than real, but they agree that it is orthodox. Logic may dictate that liabil- ity without fault should be completely eliminated from the com- mon law; that the fault requirement is sufficiently flexible to administer all cases. This has not happened. Liability without fault exists in various areas of tort, both by common law and by legislation. If there is any trend, it is one of expansion of the areas, not one of contraction. The basic question was presented to the Louisiana Supreme Court in 1944 in an oil well "blow out" case.1 The case was strik- ingly like the California record in Green v. General Petroleum Corporation.2 It was held that fault had been established, that the defendant was liable in negligence under the doctrine of res ipsa loquitur.3 The issue of strict liability was shelved as an interesting academic question. -
Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins Aaron D
Brooklyn Law School BrooklynWorks Faculty Scholarship 2009 Negligence Per Se and Res Ipsa Loquitur: Kissing Cousins Aaron D. Twerski Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Courts Commons, Litigation Commons, and the Torts Commons Recommended Citation 44 Wake Forest L. Rev. 997 (2009) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. NEGLIGENCE PER SE AND RES IPSA LOQUITUR: KISSING COUSINS Aaron D. Twerski * At first glance, negligence per se and res ipsa loquitur appear to have little in common, except that they are found adjacent to each other in the chapter on negligence in most torts casebooks.' However, the two doctrines actually share a common theme. In both, plaintiffs seek to prove negligence based on a generalization. A defendant can prevail only by showing that the generalization should not apply to the particular facts of his or her case. The Restatement (Third) of Torts, in these two areas, would be more effective and more principled if it focused on the issue of when it is proper to rely on a generalization and when we must abandon the generalization in favor of a more fact-sensitive inquiry into the actor's conduct. General principles can be articulated that explain important aspects of these two doctrines; however, they seem to get lost in the detailed application of the Restatement (Third)'s various sections. As a former Restatement reporter, I am sensitive to academicians taking potshots at carefully crafted rules and comments. -
Res Ipsa Loquitur and Gross Negligence
RES IPSA LOQUITUR AND GROSS NEGLIGENCE I N A DICTUM in the recent case of Garland v.Greenspan,' the Supreme Court of Nevada echoed an apparently unanimous rule2 that the doc- trine of res ipsa loquitur will not raise an inference3 of gross negligence. The facts as found by the trial court sitting without a jury showed that one of the plaintiffs4 was injured when the defendants' automobile swerved to the left of the highway and then to the right, overturning on striking the right shoulder. The defendant driver had lost control of her car for "some unexplained reason" after passing another automobile at a speed in excess of sixty-five miles an hour and in returning to the right-hand line while negotiating a turn to the right. Under the Nevada statute,6 a guest passenger can recover in tort from the host driver only where injury was caused by the driver's in- toxication, wilful misconduct, or gross negligence. The Supreme Court of Nevada, affirming the judgment of the trial court, held that gross neg- ligence or wilful misconduct had not been established as a matter of law, '_Nev.-, 323 P.±d 27 (1958). 'See Harlan v. Taylor, z39 Cal. App. 30, 33 P.zd 422 (934); Lincoln v. Quick, 133 Cal. App. 433, 24 P.2d 245 (1933); O'Reilly v. Sattler, x4i Fla. 770, 193 So. 817 (1940); Minkovitz v. Fine, 67 Ga. App. 176, i9 S.E.zd 561 (1942); Rupe v. Smith, x~i Kan. 6o6, 323 P.zd 293 (x957); Winslow v. Tibbetts, 231 Me. -
Child Abuse and Neglect in North Dakota
North Dakota Law Review Volume 53 Number 2 Article 3 1976 Child Abuse and Neglect in North Dakota William N. Friedrich Jerry A. Boriskin Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Friedrich, William N. and Boriskin, Jerry A. (1976) "Child Abuse and Neglect in North Dakota," North Dakota Law Review: Vol. 53 : No. 2 , Article 3. Available at: https://commons.und.edu/ndlr/vol53/iss2/3 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. CHILD ABUSE AND NEGLECT IN NORTH DAKOTA WILLIAM N. FRIEDRICH* JERRY A. BORISKIN* I. PSYCHOLOGICAL ASPECTS OF CHILD ABUSE AND NEGLECT A. INTRODUCTION The willful abuse and neglect of children, either individually or collectively, by parents, relatives, siblings, or the policies and regu- lations of our society's institutions, are inexcusable affronts to hu- man decency. Particularly within the last decade, this brutalization of children has become the subject of considerable attention in pro- fessional literature1 and the mass media. Various synonyms for child abuse have been proposed, for exam- ple, the battered child syndrome- and suspected child abuse and ne- glect (SCAN) .3 Regardless of the name, child abuse is now a ma- jor cause of death and disability among children. According to Vin- cent 3. Fontana, chairman of New York's Mayor's Task Force on Child Abuse and Neglect, "Statistics strongly suggest that child bat- tering is probably the most common cause of death in children today, outnumbering those caused by any of the infectious diseases, leukem- ' 4 ia, and auto accidents. -
Alienation of Affections in the Conflict of Laws Albert A
Cornell Law Review Volume 45 Article 5 Issue 3 Spring 1960 Alienation of Affections in the Conflict of Laws Albert A. Ehrenzweig Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Albert A. Ehrenzweig, Alienation of Affections in the Conflict of Laws , 45 Cornell L. Rev. 514 (1960) Available at: http://scholarship.law.cornell.edu/clr/vol45/iss3/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ALIENATION OF AFFECTIONS IN THE CONFLICT OF LAWS* Towards the Lex Forifor Admonitory Torts Albert A. Ehrenzweigt "If a cause of action in tort is created at the place of wrong, a cause of action will be recognized in other states. If no cause of action is created at the place of wrong, no recovery in tort can be had in any other state."' This is the "rule" of the Restatement which, for the sake of "certainty," courts throughout the country during the last few decades have invoked in nearly every torts conflicts case-only to reach widely differing results by the haphazard and therefore unpredictable use of various other devices.2 Arbitrary localization of the "place of wrong," arbitrary "characterizations" (e.g., procedure, contract), arbitrary resort to public policy, and even occasional arbitrary flight into renvoi, that "puerile" concept "of violently prejudiced literature,"3 are some of the devices which have been employed. -
Alienation of Affection Suits in Connecticut a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2006-2020, Judicial Branch, State of Connecticut. All rights reserved. 2020 Edition Alienation of Affection Suits in Connecticut A Guide to Resources in the Law Library This guide is no longer being updated on a regular basis. But we make it available for the historical significance in the development of the law. Table of Contents Introduction .................................................................................................... 3 Section 1: Spousal Alienation of Affection ............................................................ 4 Table 1: Spousal Alienation of Affections in Other States ....................................... 8 Table 2: Brown v. Strum ................................................................................... 9 Section 2: Criminal Conversation ..................................................................... 11 Table 3: Criminal Conversation in Other States .................................................. 14 Section 3: Alienation of Affection of Parent or Child ............................................ 15 Table 4: Intentional Infliction of Emotional Distress ............................................ 18 Table 5: Campos v. Coleman ........................................................................... 20 Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Alienation-1 These guides are provided with the understanding that they represent