User:JD Caselaw/Tort Law and Alternatives (Franklin, Rabin, Green)

=Tort Law and Alternatives= =Franklin, Rabin, Green - EIGHTH, 2006=

DISCLAIMER: Our class uses the eighth edition of the casebook. Table of contents is here -.

CHAPTER I. INTRODUCTION TO TORT LIABILITY

 * A. Prologue
 * B. When Should Unintended Injury Result in Liability?
 * Hammontree v. Jenner
 * Notes and Questions
 * C. The Litigation Process
 * D. The Parties and Vicarious Liability
 * Christensen v. Swenson
 * Notes and Questions
 * Roessler v. Novak
 * Notes and Questions

CHAPTER II. THE NEGLIGENCE PRINCIPLE

 * A. Historical Development of Fault Liability
 * Tort Law and the Economy in Nineteenth Century America: A Reinterpretation
 * Notes and Questions
 * Brown v. Kendall
 * Notes and Questions
 * B. The Central Concept
 * 1. The Standard of Care
 * Adams v. Bullock
 * Notes and Questions
 * United States v. Carroll Towing Co.
 * Notes and Questions
 * 2. The Reasonable Person
 * Bethel v. New York City Transit Authority
 * Notes and Questions
 * C. The Roles of Judge and Jury
 * 1. In General
 * Baltimore & Ohio Railroad Co. v. Goodman
 * Notes and Questions
 * Pokora v. Wabash Railway Co.
 * Notes and Questions
 * Andrews v. United Airlines, Inc.
 * Notes and Questions
 * 2. The Role of Custom
 * Trimarco v. Klein
 * Notes and Questions
 * 3. The Role of Statutes
 * Martin v. Herzog
 * Notes and Questions
 * Tedla v. Ellman
 * Notes and Questions
 * D. Proof of Negligence
 * Negri v. Stop and Shop, Inc.
 * Gordon v. American Museum of Natural History
 * Notes and Questions
 * Byrne v. Boadle
 * Notes and Questions
 * McDougald v. Perry
 * Notes and Questions
 * Ybarra v. Spangard
 * Notes and Questions
 * E. The Special Case of Medical Malpractice
 * Sheeley v. Memorial Hospital
 * Notes and Questions
 * States v. Lourdes Hospital
 * Notes and Questions
 * Matthies v. Mastromonaco
 * Notes and Questions

CHAPTER III. THE DUTY REQUIREMENT: PHYSICAL INJURIES
A. Introduction B. Affirmative Obligations to Act Harper v. Herman Notes and Questions Farwell v. Keaton Notes and Questions Randi W. v. Muroc Joint Unified School District Notes and Questions Tarasoff v. Regents of the University of California Notes and Questions Uhr v. East Greenbush Central School District Notes and Questions C. Policy Bases for Invoking No Duty Strauss v. Belle Realty Co. Notes and Questions Reynolds v. Hicks Notes and Questions Vince v. Wilson Notes and Questions D. The Duties of Landowners and Occupiers Carter v. Kinney Notes and Questions Heins v. Webster County Notes and Questions Posecai v. Wal–Mart Stores, Inc. Notes and Questions E. Intrafamily Duties Broadbent v. Broadbent Notes and Questions F. Governmental Entities 1. Municipal and State Liability Riss v. City of New York Notes and Questions Lauer v. City of New York Notes and Questions Friedman v. State of New York Notes and Questions 2. The Federal Tort Claims Act Cope v. Scott Notes and Questions

CHAPTER IV. THE DUTY REQUIREMENT: NONPHYSICAL HARM
A. Emotional Harm Falzone v. Busch Notes and Questions Metro–North Commuter Railroad Company v. Buckley Notes and Questions Gammon v. Osteopathic Hospital of Maine, Inc. Notes and Questions Portee v. Jaffee Notes and Questions Johnson v. Jamaica Hospital Notes and Questions B. Economic Harm Nycal Corporation v. KPMG Peat Marwick LLP. Notes and Questions Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc. Notes and Questions C. Wrongful Birth and Wrongful Life Emerson v. Magendantz Notes and Questions

CHAPTER V. CAUSATION
A. Cause in Fact 1. Basic Doctrine Stubbs v. City of Rochester Notes and Questions Zuchowicz v. United States Notes and Questions Alberts v. Schultz Notes and Questions 2. Introduction to Joint and Several Liability 3. Multiple Defendants Summers v. Tice Notes and Questions Hymowitz v. Eli Lilly & Co. Notes and Questions 4. The Special Case of Toxic Harms Environmental Liability and the Tort System Notes and Questions B. Proximate Cause 1. Unexpected Harm Benn v. Thomas Notes and Questions In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Notes and Questions Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (The Wagon Mound) Notes and Questions 2. Superseding Causes Doe v. Manheimer Notes and Questions 3. Unexpected Victim Palsgraf v. Long Island Railroad Co. Notes and Questions

CHAPTER VI. DEFENSES
A. The Plaintiff’s Fault 1. Contributory Negligence 2. Comparative Negligence Uniform Comparative Fault Act Iowa Code Chapter 668 Notes and Questions Fritts v. McKinne Notes and Questions 3. Avoidable Consequences B. Assumption of Risk 1. Express Agreements Dalury v. S–K–I, Ltd. Notes and Questions 2. Implied Assumption of Risk Murphy v. Steeplechase Amusement Co. Notes and Questions Davenport v. Cotton Hope Plantation Horizontal Property Regime Notes and Questions Levandoski v. Cone Notes and Questions C. Pre-emption Geier v. American Honda Motor Company, Inc. Notes and Questions

CHAPTER VII. STRICT LIABILITY
A. Doctrinal Development Fletcher v. Rylands Notes and Questions Rylands v. Fletcher Notes and Questions Sullivan v. Dunham Notes and Questions Indiana Harbor Belt Railroad Co. v. American Cyanamid Co. Notes and Questions B. Theoretical Perspectives The Ideology of Enterprise Liability Notes and Questions A Goals–Oriented Approach to Strict Tort Liability for Abnormally Dangerous Activities Notes and Questions Economic Analysis of Law Notes and Questions

CHAPTER VIII. LIABILITY FOR DEFECTIVE PRODUCTS
A. Introduction MacPherson v. Buick Motor Co. Notes and Questions Escola v. Coca Cola Bottling Co. of Fresno Notes and Questions B. Manufacturing Defects C. Design Defects Soule v. General Motors Corporation Notes and Questions Camacho v. Honda Motor Co., Ltd. Notes and Questions D. Safety Instructions and Warnings Hood v. Ryobi America Corp. Notes and Questions Edwards v. Basel Pharmaceuticals Notes and Questions Vassallo v. Baxter Healthcare Corporation Notes and Questions E. Defenses General Motors Corporation v. Sanchez Notes and Questions F. Work–Related Injuries Jones v. Ryobi, Ltd. Notes and Questions Liriano v. Hobart Corp. Notes and Questions Enterprise Responsibility for Personal Injury Vol. II Approaches to Legal and Institutional Change G. Beyond Products? Royer v. Catholic Medical Center Notes and Questions H. The Intersection of Tort and Contract East River Steamship Corp. v. Transamerica Delaval Inc. Notes and Questions

CHAPTER IX. TRESPASS AND NUISANCE
A. Trespass Martin v. Reynolds Metals Co. Notes and Questions B. Nuisance 1. Public Nuisance 2. Private Nuisance Boomer v. Atlantic Cement Co. Notes and Questions

CHAPTER X. DAMAGES AND INSURANCE
A. Damages 1. Compensatory Damages Seffert v. Los Angeles Transit Lines Notes and Questions McDougald v. Garber Notes And Questions Arambula v. Wells Notes and Questions 2. Punitive Damages Taylor v. Superior Court Notes and Questions State Farm Mutual Automobile Insurance Co. v. Campbell Notes and Questions B. Introduction to Insurance 1. Loss Insurance, Collateral Sources and Subrogation Frost v. Porter Leasing Corp. Notes and Questions The Collateral Source Rule and Loss Allocation in Tort Law Notes and Questions 2. Liability Insurance 3. The Impact of Insurance on Tort Litigation Lalomia v. Bankers & Shippers Insurance Co. Notes and Questions Pavia v. State Farm Mutual Automobile Insurance Co. Notes and Questions

CHAPTER XI. A SURVEY OF ALTERNATIVES
A. Incremental Tort Reform B. Occupational Injuries—Workers’ Compensation Workers’ Compensation: Strengthening The Social Compact Notes and Questions New York Workers’ Compensation Law Note On Railroad And Maritime Workers C. Motor Vehicle Injuries 1. The Past 2. The New York Experience New York Insurance Law Notes and Questions D. Focused No–Fault Schemes The Renaissance Of Accident Law Plans Revisited Notes and Questions E. Comprehensive No–Fault and Beyond

CHAPTER XII. INTENTIONAL HARM
A. Basic Doctrine 1. Intent Garratt v. Dailey Notes and Questions 2. Assault and Battery Picard v. Barry Pontiac–Buick, Inc. Notes and Questions Wishnatsky v. Huey Notes and Questions 3. False Imprisonment Lopez v. Winchell’s Donut House Notes and Questions 4. Intentional Infliction of Emotional Distress Womack v. Eldridge Notes and Questions McDermott v. Reynolds Notes and Questions Hustler Magazine, Inc. v. Falwell Notes and Questions 5. Defenses and Privileges Hart v. Geysel Notes and Questions Courvoisier v. Raymond Notes and Questions Katko v. Briney Notes and Questions Vincent v. Lake Erie Transportation Co. Notes and Questions B. Government Liability 1. The Federal Civil Rights Action Wilson v. Layne Notes and Questions 2. Liability of Federal Officials

CHAPTER XIII. DEFAMATION
A. Common Law Background 1. What Is Defamatory? Romaine v. Kallinger Notes and Questions Matherson v. Marchello Notes and Questions 2. ‘‘Of and Concerning’’ Plaintiff 3. Strict Liability 4. Damages: Libel and Slander Matherson v. Marchello Notes and Questions Liberman v. Gelstein Notes and Questions 5. Defenses Liberman v. Gelstein Notes and Questions Medico v. Time, Inc. Notes and Questions Burnett v. National Enquirer, Inc. Notes and Questions Carafano v. Metrosplash.com, Inc. Notes and Questions B. Constitutional Limitations on Defamation 1. Public Officials New York Times Co. v. Sullivan Notes and Questions 2. Public Figures 3. The ‘‘Actual Malice’’ Standard 4. Private Plaintiffs Gertz v. Robert Welch, Inc. Notes and Questions 5. The Public–Private Distinction Wells v. Liddy Notes and Questions 6. The Defendant as Commentator Milkovich v. Lorain Journal Co. Notes and Questions Flamm v. American Association of University Women Notes and Questions 7. The Press as Repeater Khawar v. Globe International, Inc. Notes and Questions 8. Reform Proposals

CHAPTER XIV. PROTECTING PRIVACY
A. Public Disclosure of Private Facts 1. State Tort Analysis Haynes v. Alfred A. Knopf, Inc. Notes and Questions 2. Constitutional Privilege The Florida Star v. B.J.F. Notes and Questions Humphers v. First Interstate Bank Of Oregon Notes and Questions B. False Light Privacy Cantrell v. Forest City Publishing Co. Notes and Questions C. Intrusion Nader v. General Motors Corp. Notes and Questions Galella v. Onassis Notes and Questions Desnick v. American Broadcasting Companies, Inc. Notes and Questions Shulman v. Group W Productions, Inc. Notes and Questions Bartnicki v. Vopper Notes and Questions D. Appropriation Zacchini v. Scripps–Howard Broadcasting Co. Notes and Questions Winter v. DC Comics Notes and Questions

CHAPTER XV. INTENTIONAL ECONOMIC HARM
A. Misrepresentation 1. Introduction 2. Deceit Ollerman v. O’Rourke Co., Inc. Notes and Questions B. Interference with Contract Imperial Ice Co. v. Rossier Notes and Questions C. Interference With Prospective Economic Advantage Della Penna v. Toyota Motor Sales, U.S.A., Inc. Notes and Questions D. Contract and Tort In The Economic Sphere All–Tech Telecom, Inc. v. Amway Corp. Notes and Questions