Tort reform

Question Presented Does Leahy’s firing constitute retaliation for purposes of the Dodd-Frank act.? Short Answer Yes, given of the leniency of the common law test and the lack of escalating warnings from her employer, Leahy is likely to sustain a claim of retaliation against Monster Crush under the Dodd-Frank act. Discussion The relevant part of the Dodd-Frank Act reads: “No employer may discharge… a whistleblower in the terms and conditions of employment because of any lawful act by the…

Within today’s society, the tort of negligence has come under the spot light, especially when related to injuries sustained through sport. The reason for this is due to the complex understanding posted by the judicial system, providing a strict guideline as to what is and what is not a negligence action. Negligence is when someone may fail to assert a reasonable degree of care to another to avoid foreseeable harm. A person may be negligent if he or she does not act as a reasonable person who…

Commercial law IRAC-Tamara v Aldi Store Issue- Is the negligence of Aldi store cause of injury to Tamara. Rules-the rule in accordance to the facts is:- Negligence-it is called a situation i which an individual owes another individual a duty of care,it is a deficiency or a failure to do a thing which a reasonable person would or would not, do and which leads to a harm or an injury to another person in a result. In South Australia the civil liability Act 1936 (SA) is used to find out the…

Is It Time for a San Jacinto Injury Lawyer? Perhaps it started as beautiful day here in San Jacinto Valley. Then tragedy struck and you have been injured in a personal injury accident. It was unexpected, painful, and your life may have been altered forever. Luckily, you are still able to read this as you seek out answers and closure to a horrible incident. If you, or someone you know, has become the injured victim due to the fault of another negligent individual or party here in San Jacinto,…

Jennifer, who is a financial planner, has consulted you. She recently had a rather bad day and fears that she has exposed herself to liability in tort law. Explain to Jennifer what torts may have occurred. Define each tort and explain the extent of everyone’s liability. Explain how damages, if any, would be calculated. If there are any torts of negligence, include in your answer an explanation of the steps which must be proved in any negligence action. 1. Jennifer works from her office…

Plaintiff Don Marshall, who is filing a medical malpractice claim, is suing defendants John Smith M.D. and Pat Jones P.A.C. The plaintiff sustained a work injury and came to the ER at Laskey County Memorial Hospital; there he was prescribed three days worth of tramadol. He then visited Smith & Smith Medical Center for treatment. P.A. Jones prescribed him more tramadol and followed up with an appointment eight days later, Mr. Marshall described a 50% improvement with his symptoms. At that…

If you're an independent contractor and own a semi-trailer truck, you probably are already required to carry non-trucking liability insurance by the trucking industry or the company you contract with. This protects you should you have an accident while using your truck for personal reasons or when not involved in driving for for the carrier. Larger trucking companies may reimburse or cover drivers for this insurance while smaller companies may not. Bobtail insurance is a completely different…

Miller addresses the issue of individuals’ need to be responsible for the suffering of others whose basic rights have not been protected. According to Miller, people should step in during such situations and provide resources that would abate the suffering. This form of accountability has been defined as remedial responsibility. Further, Miller goes ahead to explain the concepts of remedial responsibility that can be applied in the situations that require an individual’s intervention when…

foreseeable risk, then it becomes the duty of an individual to adhere to solving it. If the individual fails to resolve the issue, and someone is harmed, that individual could then held liable for the incident. (6 Witkin, Summary of Cal. Law (10th ed. 2005) Torts, § 835, p. 52.) A person cannot hold another liable if he or she injures themselves or another if they are “actively careless.” It is expected if a person does not use “ordinary care” while involving themselves in an activity they…

Illinois has adopted modified comparative negligence. Under this scheme, an injured party may recover damages only if she is fifty percent or less at fault for her injury. The recovered amount, however, may be reduced in proportion to the plaintiff’s degree of fault. A finding that the plaintiff was more than fifty percent at fault results in a defense verdict and the plaintiff will be barred from recovery. Additionally, Zubairi is the owner of the building. The lease contract states that…