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10 Cards in this Set
- Front
- Back
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Probabilistic recovery for harm in the future?
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A P can obtain compensation for a future injury that is not reasonably certain to occur, but the compensation would reflect the low probability (ex. asbestos cases)
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Substantial Factor Test
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*Restatement (Second) uses this test, which is basically the but for test with possibility of liability even if another force is also sufficient to cause harm
*NOTE: do not use unless you have a 2-fires example |
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Summers v. Tice
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*Hunters negligently shot P at same time and it was impossible to distinguish which gun caused the injury
*Burden of disproving actual cause was placed on the Ds - since they couldn't prove which one, both were held jointly liable |
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Uniform Comparative Fault Act
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*damages are proportional to % of fault of any Ds and Ps
*if a D is insolvent, Ct reappoints his share among Ds in the case |
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Daubert Case
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*Sets forth the judge’s gatekeeping obligation. Up to states as to whether to apply. Requires that the expert’s methodology be:
-valid -properly applied to facts at issue |
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Loss of Chance Doctrine
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*P argues D's negligence prevents them from recovering fully
*Used in many med mal cases *P recovers in proportion to P’s chance of survival prior to D’s negligence *Matsuyama case |
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Concerted Action
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*multiple wrongdoers but only one but-for cause
*all the Ds acting together (drag racing) |
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Enterprise Liability
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*j/s
*Unrelated Ds are held jointly liable because they are part of the same enterprise *shift burden to Ds to prove they are not cause-in-fact |
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Market Share Liability
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*j/s
*Where identification of the manufacturer of a drug that injures a plaintiff is impossible, courts might apply a market share theory, using a national market, to determine liability and apportionment of damages. |
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How is market defined?
(Great Teams Always Imbibe Drugs) |
*geographic scope
*temporal scope *absent Ds *insolvent Ds *Ds who can disprove role |
