Tulane University Law School
Archived Posts from this Category
Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force) Wednesday, Jan 31 2007
Marc Montgomery and Maritime Law and Tulane University Law School 8:19 pm
If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine. In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary. Such federal common law rules are even binding on state courts hearing an admiralty case. Professor Robert Force, the founding director of the Maritime Law Institute at Tulane University Law School has written several articles on how a 1990 Supreme Court case has affected maritime wrongful death and personal injury actions. Specifically, the Court in Miles v. Apex Marine Corp. held that prohibitions against the recovery of non-pecuniary damages in statutorily created personal injury and wrongful death actions also applied to actions under general maritime law (read federal common law). In this episode, I interview Professor Force, who provides some background on the judicial landscape of maritime tort actions as well as his analysis of the Miles decision.
Miles v. Apex Marine Corp.Â
Torts (Marc) #6: Trespass to Land Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:03 am
Trespass to land is the next intentional tort on my agenda and here we see that the intent requirment for an action of trespass to land is less exacting than in the forms of actions previously discussed.
Dougherty v. Stepp
Bradley v. American Smelting and Refining Co.
Torts (Marc) #5: Intentional Infliction of Emotional Distress Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:02 am
In this episode I discuss a form of action that has been recognized by the courts relatively recently, intentional infliction of emotional distress.
State Rubbsish Collectors Ass’n v. Siliznoff
Slocum v. Food Fair Stores of Florida
Harris v. Jones
Torts (Marc) #4: False Imprisonment Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:01 am
As we have seen intentional torts differ from actions based on negligence in that the plaintiff is not required to show damages. This basis for this distinction is that intentional torts involved the invasion of a inviolable right. False imprisonment address an invasion of one’s freedom to exit a location that has become undesirable.
Big Town Nursing Home, Inc. v Newman
Parvi v. City of Kingston
Hardy v. LaBelle’s Distributing C.
Enright v. Groves
Whittaker v. Sandford
Torts (Marc) #3: Civil Assault and Battery Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:09 pm
In this episode I examine two related forms of intentional tort, battery and assault, and attempt to illustrate that in the world of civil litigation, the terms assault and battery do not have the same meaning as they do in a criminal context.
Wallace v. Rosen
Fisher v. Carrousel
Western Union Telegraph C. v Hill
Torts (Marc) #2: Intent Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:08 pm
Before beginning an examination of the specific causes of action for intentional torts, I discuss a number of cases that illustrate the two prong test that civil courts have adopted in determining if conduct can be considered intentional under tort law.
Garrat v. Daily
Spivey v. Battaglia
Ranson v. Kitner
McGuire v. Almy
Talmage v. Smith
Torts (Marc) #1: Liability Based on Fault Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:07 pm
Modern tort law recognizes three bases for finding liability: intentional conduct, negligence and strict liability. In this episode I provide a brief overview of how this framework developed and evolved in our legal system.
Weaver v. Ward
Brown v. Kendall
Cohen v. Petty
Spano v. Perini Corp.