Category Archives: Remedies and Procedure

‘Nuisance, and Covenants, and Zoning, Oh My!’

Maureen E Brady, ‘Turning Neighbors Into Nuisances’, 134 Harvard Law Review 1609 (2021). She has done it again! With her new article, ‘Turning Neighbors into Nuisances’, Professor Molly Brady once more takes us back into history to enrich our current understanding of property concepts. Three years ago, I wrote a Jot about Professor Brady’s article, […]

Genomic Analysis in Tort Cases: Wednesday 26 May 2021 (Virtual)

“Multiple types of genomic analyses are increasingly being used in a wide range of lawsuits, and often provide objective, quantitative data that have a dramatic impact on the outcome of the case. This conference brings together scientific and legal experts with deep knowledge and experience in the actual use of genomic analyses in litigation. The […]

Uber Technologies Inc v Heller

CONTRACT LAW – UNCONSCIONABILITY DOCTRINE – SUPREME COURT OF CANADA TARGETS STANDARD FORM CONTRACTS – Uber Technologies Inc v Heller, 2020 SCC 16, 447 DLR 4th 179 (Can). When does an agreement ‘drive [..] too hard a bargain for a court of conscience to assist’? Recently, in Uber Technologies Inc v Heller, the Supreme Court […]

‘Personal injury reform – a pain in the neck?’

“At the end of this month the ‘Official Injury Claim’ portal for low-value road traffic accident claims finally goes live. With legal fees for RTA claims under £5,000 no longer recoverable, injured people should be able to submit their claims through the new portal without needing a lawyer. This is a huge step, and it […]

Joshua Turiel, ‘Consumer Electronic Right to Repair Laws: Focusing on an Environmental Foundation’

…. This Note will argue that environmental considerations could provide an essential foundation for consumer electronic right to repair laws. This idea is not unprecedented – the European Union’s right to repair regulations already focus on the environment and the United States has successfully passed laws with an environmental focus pertaining to automobile right to […]

Patrick Goold, ‘A Radical Restructuring? A Response to Bell and Parchomovsky, “Restructuring Copyright Infringement”, 98 Texas Law Review 679 (2020)’

INTRODUCTION In ‘Restructuring Copyright Infringement’, Abraham Bell and Gideon Parchomovsky call for a ‘radical reform in the way copyright law assigns liability’. The authors propose to split copyright infringement into three distinct categories – inadvertent, standard, and willful – and to tailor the remedies offered to the copyright holder in each case. Under this system, […]

Robert Field, ‘Holding Health Care Accountable: Law and the New Medical Marketplace’

ABSTRACT Americans are experienced at fixing blame when things go wrong. Our political system lets us throw out the leaders whose lack of judgment, skill, or honesty seems to have been the cause. Our legal system lets us sue individuals or corporations perceived to have been at fault. Although it does not always solve the […]

Khan, Ansari, Soomro and Arafa, ‘An Overview of Alternate Dispute Resolution From the Contractual Perspective in Europe’

ABSTRACT The Alternative Dispute Resolution (‘ADR’) is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for […]

‘Private State Actions to Disgorge the Wrongful Gains of Insider Trading’

Jeanne L Schroeder, ‘Taking Misappropriation Seriously: State Common Law Disgorgement Actions for Insider Trading’ (February 11, 2021) Cardozo Law School Legal Studies Research Paper No 625, available at SSRN. The disgorgement remedy strips a defendant of unjust profits. Disgorgement is gaining prominence as a civil remedy across a varied body of substantive laws, including intellectual […]

Hyman, Rahmati and Black, ‘Medical Malpractice and Physician Discipline: The Good, The Bad and The Ugly’

ABSTRACT We study the overlap between the medical malpractice (med mal) and medical disciplinary systems using the records of almost 90,000 Illinois physicians who held an active license at any point from 1990-2016. We quantify the specialty-specific risk of having a paid med mal claim or a disciplinary action; how many physicians have both; and […]