The tort law section is now finished!

United States Law: A Case Study Collection

Tort Law
‘Anger’ by Alla Dzevaltovska

After working on this final chapter of the book for the past few months, I’m very pleased to announce that it is now finally complete, which has left me feeling a mixture of emotions, particularly as this wonderful and frankly unprecedented project has been the primary focus of my energy since November 2017.

As I have always done with the previous disciplines shown in the forthcoming ‘United States Law’, the final listing is here for you to view, and so I can only hope that you enjoy reading about them as much as I have studying and preparing them for publication.

1. Aetna Health Inc. v. Davila

2. Anderson v. St. Paul & Sault Ste. Marie Railway Co.

3. Beul v. ASSE International Inc.

4. BMW of North America Inc. v. Gore

5. Boim v. Holy Land Foundation for Relief and Development

6. Boomer v. Atlantic Cement Co.

7. Borsheim v. Great Northern Railway Co.

8. Brown v. Kendall

9. Burton v. Cowell Publishing Co.

10. Christensen v. Superior Court

11. Cox Broadcasting Corp. v. Cohn

12. Dillon v. Legg

13. Dillon v. Twin State Gas & Electric Co.

14. Dun & Bradstreet Inc. v. Greenmoss Builders Inc.

15. Earles v. Perkins

16. Escola v. Coca Cola Bottling Co. of Fresno

17. Falcon v. Memorial Hospital

18. Foster v. Preston Mill Co.

19. Garratt v. Dailey

20. Gertz v. Robert Welch Inc.

21. Goldberg v. Florida Power & Light Co.

22. Greenman v. Yuba Power Products Inc.

23. Henningsen v. Bloomfield Motors Inc.

24. Intel Corp. v. Hamidi

25. Jacque v. Steenburg Homes Inc.

26. Katko v. Briney

27. Kline v. 1500 Massachusetts Ave. Apartment Corp.

28. Knight v Jewett

29. MacPherson v Buick Motor Co.

30. Marshall v. Nugent

31. Martin v. Herzog

32. Metro-North Commuter Railroad Co. v. Buckley

33. Mohr v. Williams

34. Nash v. Port Authority of New York and New Jersey

35. New York Times Company v. Sullivan

36. Palsgraf v. Long Island Railroad Co.

37. Philip Morris USA v. Williams

38. Ploof v. Putnam

39. Port Authority of New York and New Jersey v. Arcadian Corp.

40. Riss v. City of New York

41. Robins Dry Dock & Repair Co. v. Flint

42. Rowland v. Christian

43. Scribner v. Summer

44. Sindell v. Abbott Laboratories

45. Sosa v. Alvarez-Machain

46. Soule v. General Motors Corp.

47. Strauss v. Belle Realty Co.

48. Summers v. Tice

49. Tarasoff v. Regents of University of California

50. Tedla v. Ellman

51. The Florida Star v. B.J.F.

52. Time Inc. v. Hill

53. Tunkl v. Regents of University of California

54. Ultramares Corp. v. Touche

55. Vincent v. Lake Erie Transportation Co.

56. Vosburg v. Putney

57. Ybarra v. Spangard

58. Zeran v. America Online Inc.

Work in progress…

English Law

English Law
‘Two Books’ by Andrew Sinclair

As with the forthcoming ‘United States Law’, I have decided to compile a cousin title to sit alongside it, hence the ‘English Law’ title is now earmarked for future publication at a time that suits both my schedule and continued passion for all things law.

While there is nothing more to report at this point, additional posts will appear when the time is right, and I’m looking forward to finally having a matching pair of definitive case law resources to compliment any scholar’s bookshelf when the moment eventually arrives…

Saturday 27 April 2019

Happy 1st Birthday!

United States Law: A Collection of Case Studies

Birthday Cake

Today marks exactly one year to the day that I first started writing the ‘voluminous’ Case Law Compendium: United States Case Law, and its pretty incredible to think that so much time has already passed, particularly given that I’m not even midway through the book  yet!

Anyway, needless to say my hard work continues on undaunted, and I’m hoping to share the first half of the criminal law section here in the next couple of weeks, so watch this space if you’re interested to learn more…

Electronic Signatures Neil

 

The civil procedure section is now complete.

United States Law: A Case study Collection

United States
‘United States Flags Map’ by Inspirowl Design

April 18 2018

Having recently completed this preliminary chapter of the book, I have provided a list of the cases covered in the civil procedure section for those that might be mildly curious. I would also add that it’s been a genuine pleasure reading and analysing these cases, all of which have helped educate me as to the intricate nature of State and Federal legalities, and I can only hope the readers will take as much pleasure in their reading, as I have in their writing.

Civil Procedure

1. Adam v. Saenger

2. Aldinger v. Howard

3. Asahi Metal Industry Co. Ltd. v. Superior Court of California

4. Ashcroft v. Iqbal

5. Baldwin v. Iowa State Traveling Men’s Ass’n

6. Bell Atlantic Corp. v. Twombly

7. Bernhard v. Bank of America Nat. Trust & Savings Ass’n

8. Bernhardt v. Polygraphic Co. of America

9. Blonder-Tongue Laboratories Inc. v. University of Illinois Foundation

10. Burger King Corp. v. Rudzewicz

11. Burnham v. Superior Court of California, County of Marin

12. Byrd v. Blue Ridge Rural Electric Co-op. Inc.

13. Carnival Cruise Lines Inc. v. Shute

14. Celotex Corp. v. Catrett

15. Chicot County Drainage District v. Baxter State Bank

16. Clearfield Trust Co. v. U.S.

17. Cohen v. Beneficial Industrial Loan Corp.

18. Colgrove v. Battin

19. Conley v. Gibson

20. Connecticut v. Doehr

21. D.H. Overmeyer Co. Inc. of Ohio v. Frick Co.

22. Davis v. Farmers Co-op. Equity Co.

23. Durfee v. Duke

24. Erie. R. Co. v. Tompkins

25. Fuentes v. Shevin

26. Gasperini v. Center for Humanities Inc.

27. Gillespie v. United States Steel Corp.

28. Grable and Sons Metal Products Inc. v. Darue Engineering & Mfg.

29. Guaranty Trust Co. of N.Y. v. York

30. Gulf Oil Corp. v. Gilbert

31. Hanna v. Plumer

32. Hanson v. Denckla

33. Harris v. Balk

34. Henry L. Doherty and Co. v. Goodman

35. Hess v. Pawlowski

36. Hickman v. Taylor

37. Hilton v. Guyot

38. Hinderlider v. La Plata River & Cherry Creek Ditch Co.

39. Hurn v. Oursler

40. International Shoe Co. v. State of Washington

41. J. McIntyre Machinery Ltd. v. Nicastro

42. Kalb v. Feuerstein

43. Klaxon Co. v. Stentor Electric Manufacturing Co.

44. Kulko v. Superior Court of California

45. Livingston v. Jefferson

46. Louisville and Nashville Railroad Co. v. Mottley

47. McGee v. International Life Insurance Co.

48. Merrell Dow Pharmaceuticals Inc. v. Thompson

49. Mitchell v. W.T. Grant Co.

50. Moore v. New York Cotton Exchange

51. M/S Bremen v. Zapata Off-Shore Co.

52. Mullane v. Central Hanover Bank & Trust Co.

53. National Equipment Rental Limited v. Szukhent

54. North Georgia Finishing Inc. v. Di-Chem Inc.

55. Oregon ex rel. State Land Board v. Corvallis Sand & Gravel Co.

56. Owen Equipment & Erection Co. v. Kroger

57. Parklane Hosiery Co. Inc. v. Shore

58. Pennoyer v. Neff

59. Perkins v. Benguet Consolidated Mining Co.

60. Phillips Petroleum Co. v. Shutts

61. Piper Aircraft Co. v. Reyno

62. Ragan v. Merchants Transfer & Warehouse Co.

63. Shady Grove Orthopedic Associates v. Allstate Insurance Co.

64. Shaffer v. Heitner

65. Shoshone Mining Co. v. Rutter

66. Sibbach v. Wilson & Co.

67. Smith v. Kansas City Title & Trust Co.

68. Sniadach v. Family Finance Corp. of Bay View

69. Swift v. Tyson

70. United Mine Workers of America v. Gibbs

71. Woods v. Interstate Realty Co.

72. World-Wide Volkswagen Corp. v. Woodson

73. Zippo Manufacturing Co. v. Zippo Dot Com Inc.

United States Law: A Case Study Collection

United States Law: A Case Study Collection

The Case Law Compendium: U.S. Law
‘Watercolour USA’ by Unknown Artist

26 November 2017

Today marks the commencement of my writing ‘United States law: A Collection of Case Studies’, the second instalment of ‘The Black Letter’ series of books, and my excitement is quietly simmering away as I begin preparing for the months ahead.

This book covers the principle law modules offered within leading American universities and Law Schools at Juris Doctor level, and will therefore include civil procedure, constitutional law, contract law, criminal law, property law and tort law. While I appreciate there has been a shift towards comparative and international law, particularly within educational institutions such as Harvard University, when similarly examining both Stanford and Yale, there appears an inclination to adhere to the core fields as shown above, hence I have decided to remain true to that ethos for simplicity’s sake.

While consciously adopting a linear approach, I aim to include around 375 case studies – well over twice the number found in ‘The Case Law Compendium: English & European Law’, and although there is perhaps obvious reason for this, particularly given the size and legal structure of American jurisdiction, I feel the end result will provide law students with more than sufficient insight into the mechanics of notable United States case law.

On a personal note, I am very much looking forward to this journey, and estimate that the book should be finished and available for purchase around summer of 2019, adding that I will consciously try to publish new case studies to this website where time permits.

In closing, I would like to say a heartfelt ‘thank you’ to those of you who purchased my first book (or plan to soon) and I sincerely hope that my efforts have been of valued assistance when working towards your chosen vocations.

Faithfully

Electronic Signatures Neil

Anderson v. Minneapolis, St.Paul & Sault Ste. Marie Railway Co.

US Tort Law

Anderson v Minneapolis
Image: ‘Train Painting’ by William Wray

The amendment of pleadings is an American civil right when free from the misdirection of a jury, and so on this occasion the intermingling of two events resulting in the destruction of property, allowed the claimant to establish reasonable causation before enjoying the benefits of restorative justice.

In August of 1918, it was alleged that sparks emitted from a locomotive engine owned by the defendants caused a bog fire that while unextinguished, continued to burn for an extended period, largely due to the usual drought conditions at the time. During early October, there were winds in excess of 75 miles per hour, which exacerbated the existing fire, while driving it towards the home of the claimant.

It was the subsequent effects of this natural occurrence that left the claimant’s home damaged and thus both the railway company and the Director General of Railroads ended up in the courts as co-defendants, as was permissible under § 10 of the Federal Control Act.

During the trial, there were two options open to the jury for a safe conviction, namely:

“If plaintiff was burned out by fire set by one of defendant’s engines in combination with some other fire not set by one of its engines, then it is liable.”

or:

“If the bog fire was set by one of defendant’s engines, and if one of defendant’s engines also set a fire or fires west of Kettle River, and those fires combined and burned over plaintiff’s property, then the defendant is liable.”

With confusion as to how best to approach the claim, the jury asked for confirmation as to whether liability could be found if it was agreed that the fire caused by the locomotive engine was significant enough to have been the primary contributor to the eventual fire that caused the damage, at which point the court agreed that it would. It was then that the claimant amended his pleading to one where both fires had been the sole cause of destruction to his home, as opposed to that of the bog fire alone.

While returning a verdict in favour of the claimant, the defendants argued that such pleading allowances were unlawful, before appealing to the St. Louis District Court, who denied a motion for a retrial, while allowing for the consideration of the Minnesota Supreme Court.

Here consideration was given to both the discretion of the courts to allow for claim amendments, and the extent to which the Director General of Railroads is lawfully implicated. In the first instance, the Court explained how § 7784 of Ch. 77 of the Minnesota Statutes 1913 noted that:

“No variance between the allegations in the pleading and the proof is material unless it has actually misled the adverse party to his prejudice in maintaining his action or defence on the merits.”

Which on this occasion the court had already established which fires were attributable to the defendants, and at no point had any objection or evidence been shown to prove otherwise, while under § 4426 of Ch. 28 of the Minnesota Statutes 1913 also made it clear that:

“Each railroad corporation owning or operating a railroad in this state shall be responsible in damages to every person and corporation whose property may be injured or destroyed by fire communicated directly or indirectly by the locomotive engines in use upon the railroad owned or operated by such railroad corporation…”

It was further held that within the terms of the Transportation Act of 1920, Congress conferred no express limitations as to the powers of the Federal Control Act, and that evidence of this was available under §§ 202 and 206 of the amended statute, and so it was that for these reasons the Court refused to reverse the original decision and dismissed the appeal.

 

Abouzaid v Mothercare Ltd

English Tort Law

Abouzaid v Mothercare Ltd
Image: ‘Twinkling Eye’ by Pavel Guzenko

Manufacturer negligence and the powers of consumer statute are both central to a claim for damages, when a leading retailer is held liable for a loss of earnings through serious physical injury.

In 1990, the respondent’s eye was struck by an elasticated strap forming part of a foot warmer product known as ‘Cosytoes’, which was manufactured under the store’s own brand range. The extent of the damage was unknown at the time, however over the period that followed, the respondent was diagnosed with shallow temporal half-detachment of the retina, which in turn led to virtual blindness and total lack of central vision.

Some ten years later, the respondent sought damages under negligence, and through the powers afforded them under the Consumer Protection Act 1987. In defence, the appellants relied upon the investigative report of a highly qualified consultant engineer, whose notes confirmed:

“I conclude that in 1990 no manufacturer of child care products could reasonably have been expected to have recognised that elastic attachment straps for a cosytoes could pose a hazard to the eyes of children or adults, since the potential risk had not at that time been recognised even by experts in the safety of such childcare products.”

However, the engineer also stressed that:

“I found that for me it was quite easy to fasten the straps correctly from behind the seat unit. Attempting this from the front of the seat was more difficult, because it was not possible to see the fastening. It also required putting my head close to the seat in order for my arms to reach round behind it. I noticed that the elastic did have a tendency to pull the fastener through my fingers, and it could easily have slipped.”

Contrastingly, when transposing the requirements of the 1987 Act, Parliament was obliged to observe the terms of Directive 85/374/EEC in which the preamble outlined:

“Whereas, to protect the physical well-being and property of the consumer, the defectiveness of the product should be determined by reference not to its fitness for use but to the lack of the safety which the public at large is entitled to expect; whereas the safety is assessed by excluding any misuse of the product not reasonable under the circumstances…

[W]hereas a fair apportionment of risk between the injured person and the producer implies that the producer should be able to free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances…”

In the first hearing, the judge found in favour of the respondent on grounds that embraced both manufacturer negligence and the presence of a defect, as described in s.2(1) of the Consumer Protection Act 1987, which reads:

“(1) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes safety, in relation to a product, shall include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury.”

Upon appeal, the Court reexamined the previous decision, and revisited the argument that what was evidentially unsafe in 2000 was not deemed harmful in 1990, in light of there being no recorded incidents of that nature upon which to rely at the time. With reference again to the consultant engineer’s notes, the Court emphasised how he had also stated:

“I conclude that I should have to advise anyone manufacturing such a cosytoes today that the product would have a safety defect unless the potential risk of injury (to the eyes of a child in the pushchair or the person fitting it) was either eliminated by design or that consumers were warned of the possible risks and how to avoid them. Such advice to consumers would need to include instructions for fitting the cosytoes that avoided the obvious difficulties that Mr Abouzaid and his mother were having prior to the accident.”

And that despite a lack of recorded industry data with which to determine the safety of the product, there was little to explain how consumer awareness had remained static over the preceding decade, with particular reference drawn again to s.5.1.2 of his report, which itself remarked:

“[T]he level of safety that consumers can reasonably expect is not necessarily a constant, but will rise over time in small steps, if the state of industry knowledge of hazards and their prevention improves.”

It was for these reasons that the Court agreed with the essence of the earlier judge’s findings, and that the level of damages awarded were an accurate representation of the loss suffered through such a simple error in quality control and user protection.