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23 Apr 2023, 5:00 am by jonathanturley
Under the common law, the owner of cattle is liable in damages irrespective of negligence or fault for all injuries resulting from trespassing cattle (Prosser, Law of Torts, supra, pp. 496-497). [read post]
24 Jul 2021, 11:51 am by admin
Back in 2008, Professor Michael Green wrote an interesting paper on apportionment in asbestos litigation. [read post]
27 Dec 2020, 7:45 pm by Omar Ha-Redeye
The introduction of this privacy tort in Ontario affirmed three of the four of the privacy torts in Jones adopted from Professor Prosser. [read post]
24 Jun 2020, 7:20 am by Cameron Kerry, John B Morris, Jr.
When William Prosser organized privacy torts and the Warren/Brandeis “right to privacy” into four main categories, more than 50 years ago, he noted “[t]he difficulty of measuring damages. [read post]
27 Nov 2019, 6:30 am by ernst
Professor William Lloyd Prosser (1898–1972)Christopher J Robinette9. [read post]
23 Sep 2019, 7:18 am by MBettman
Key Precedent R.C. 2315.21(C) (plaintiff cannot recover punitive damages unless there has been a verdict in favor of the plaintiff for compensatory damages.) [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
”  The influential treatise Prosser & Keeton on the Law of Torts says that an advertiser has a privilege “to lie his head off, so long as he says nothing specific. [read post]
22 Mar 2019, 5:50 pm by Bill Marler
Pillai observed that Lawrence’s initial stool results were back, showing negative for toxigenic C. difficile. [read post]
4 Jun 2018, 8:27 am by Rebecca Tushnet
SCt; she expects affirmance of court of appeals but the grounds could be better or worse.Panel discussion: Moderator:   Jeremy Feigelson, Debevoise & PlimptonPanelists:     Robert C. [read post]
30 Mar 2018, 5:00 am by Jesse Lempel
Exceptions to the right of publicity were developed by the New York state courts in the early 1900s in order to avoid “an unconstitutional interference with the freedom of the press,” William Prosser recounted in a passage approvingly quoted by the U.S. [read post]
17 Mar 2017, 3:09 pm
Prosser & Keeton, Torts (5th ed. 1984) § 130, p. 1006). [read post]
7 Dec 2016, 12:44 pm by Lee E. Berlik
While true that defamation claims are usually concerned with false statements that “diminish the esteem, respect, goodwill or confidence” in which an individual plaintiff is held (see Prosser, Law of Torts, § 111),  defamation claims in Virginia are not limited to attacks on personal reputations. [read post]
11 Jul 2016, 11:16 am by Schachtman
Prosser and Keeton describe gross negligence as being “the want of even slight or scant care”, and note it as having been described as a lack of care that even a careless person would use. [read post]
1 Apr 2016, 3:02 am
  [T]he issue became whether Comment k could be reinterpreted to allow for judicial review of prescription drug designs without seeming to reject an important part of William Prosser’s legacy. [read post]
7 Nov 2015, 8:53 am by INFORRM
This post examines an opinion the Supreme Court of New Hampshire recently issued in a civil case: McCarthy v. [read post]