Cause of Action
"Where the Cause of Action Accrued": How Florida's Venue Statute Violates the Policy It Designed to Protect
... Although determining where a defendant resides or where property in litigation is located is fairly simple, determining where a cause of action accrued is somewhat more complicated and requires help from ...
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Wrongful Birth and Wrongful Conception: A Parent's Need for a Cause of Action
... of action do have these differences, it is irrational to allow one and not the ...of action an unplanned pregnancy ...birth cause of action may be unconstitutional because a woman has a right ...
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How the Federal Cause of Action Relates to Rights, Remedies, and Jurisdiction
... public cause of action, we normally defer to Congress’s enforcement ...constitutional cause of action out of deference to the enforcement schemes designed by ...private cause of ...
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Terrorism and a Civil Cause of Action: Boim, Ungar, and Joint Torts
... typical cause of ...nontraditional cause of action should not necessarily require the traditional elements of factual and proximate ...but-for cause of the act of terrorism as Boim II and ...
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Export Controls - A Private Cause of Action Under the Export Administration Act of 1979
... all four Cort factors weighed heavily in favor of an implied private cause of action for Jews injured by acts made illegal by the EAA. 79 Both the New York and T[r] ...
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An Expanded Cause of Action in Texas Whittlesey v Miller: Either Spouse May Recover for the Negligent Impairment of Consortium
... An Expanded Cause of Action in Texas Whittlesey v Miller Either Spouse May Recover for the Negligent Impairment of Consortium SMU Law Review Volume 33 | Issue 3 Article 6 1979 An Expanded Cause of Act[.] ...
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Venue Facts: When to Allege and Prove a Cause of Action
... Venue Facts When to Allege and Prove a Cause of Action SMU Law Review Volume 6 | Issue 2 Article 8 1952 Venue Facts W hen to Allege and Prove a Cause of Action William C Charlton Follow this and addit[.] ...
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Educational Malpractice: A Cause of Action in Search of a Theory
... In terms of a cause of action for educational malpractice, how- ever, the principal difficulty with minimum competency testing is that the courts might make test scores [r] ...
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Picking Up the Pieces: The Excess Insurer's Bad Faith Cause of Action against the Primary Insurer
... an Illinois Federal District Court recognized that, although equita- ble subrogation would normally apply, the excess insurer had failed to put the primary insurer on[r] ...
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Battered Women Syndrome as a Tort Cause of Action
... Another obstacle for battered women seeking recovery for their injuries, is the relatively short statute of limitations for those tort actions currently available. The stat[r] ...
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Educational Malpractice — Does the Cause of Action Exist?
... 2 9 Management of state and individual school affairs in Montana is generally vested in the state board of public education, superinten- dent and office of public instr[r] ...
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Accrual of the Cause of Action for Medical Malpractice: Penrod v. Hoskinson
... Perhaps the real problem in the Penrod-type case is in section 93-2624 itself. By imposing a five-year maximum time limit from the date of injury for filing a malpracti[r] ...
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Addressing the Economic Impact of Undocumented Immigration on the American Worker: Private Rico Litigation and Public Policy
... There would be no cause of action in industries where the American economy would benefit and American workers would not be hurt.' 7 9 There would be no RICO cause [r] ...
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McCarthy v. Entergy Gulf States
... no cause of action can accrue with respect to a hearing loss that develops over a substantial period of time until the injury is fully evolved and an employee knows or should have know of the conditions and ...
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Securing Protections for Whistleblowers of Securities Fraud in the United States and the European Union
... strong cause of action against employer retaliation may reduce this problem, but this system will nevertheless discourage some whistleblowers and raise the risk of greater conspiracies involving the former ...
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Oil Pollution Problems Arising out of Exploitation of the Continental Shelf: The Santa Barbara Disaster
... If the Outer Continental Shelf Lands Act vests exclusive jurisdiction in the Federal courts, then the cause of action brought by the State of California, et at.. a[r] ...
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Compensation of Emotional Distress in Montana: Distinctions between Bystanders and Direct Victims
... 1 In Molien, the California court rejected the requirement of an independent cause of action as a prerequisite to an award for emo- tional damages: "[A]lthough w[r] ...
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Wrongful Death Damages in California: On the Brink of Full Compensation
... Preliminarily, Molien and [Sesma] are inapposite, because the Canavins neither pleaded an independent cause of action for personal injury based upon emotional distress[r] ...
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Strict Products Liability and Comparative Negligence: The Collision of Fault and No-Fault
... Traditionally, contributory negligence has not been a defense to the strict liabil- ity cause of action.' However, because plaintiff's negligence no longer acts as a[r] ...
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Variance and Failure of Proof in Montana
... In these states, a complaint may state facts sufficient to constitute a cause of action, and sufficient evidence may be introduced in support of these allegations [r] ...
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