Products Liability: Defenses Based on Plaintiff 's Conduct

Securities - Plaintiff 's Recovery in Private Suit Based on Violation of Federal Securities Laws Held Barred by Defenses of In Pari Delicto or Unclean Hands

The Loss of Chance Doctrine C

Daniela Stallone Assistant Vice President, Claims Medical Liability Mutual Insurance Company The cases presented in this issue involve the legal doctrine of the “loss of chance.” The plaintiffs in both cases alleged that the negligence of, and delay in diagnosis by, the treating physician was a “substantial factor” in causing their injuries. Expert testimony for the plaintiff will often state t...

Third-Party Actions: A Plaintiff 's Perspective

INTRODUCTION Paragraph 2-406 of the Illinois Code of Civil Procedure permits a defendant to join a third party who may be liable to him for all or part of the plaintiffs claim against him. , Although paragraph 2-406 pertains directly to actions that may be initiated by defendants, third-party practice poses significant ramifications for the plaintiff in terms of trial strategy and negotiation, ...

INCENTIVES AND THE ALLOCATION OF LEGAL COSTS: Products Liability

Incentives and the Allocation of Legal Costs Products Liability Marilyn J. Simon This paper examines the legal expenditures, the probability of court error and product quality under several rules for allocation legal costs. Equilibrium legal expenditures for the plaintiff and defendant are derived under each rule and the effect of a change on the equilibrium expenditures is derived. It is found...

مشکلات تعیین خوانده دعوی در دادرسی‏های مدنی

  The matter of designating respondent/s in a claim is one of the most significant problems in civil proceedings. The said subject is of great importance because presenting no definition of plaintiff in a claim or respective criteria thereof, Civil Procedure Code obligates plaintiff of a claim to exactly determine respondent/s of a claim and then, to insert their full names and particulars in p...